http://www.legislation.gov.uk/id/uksi/1996/207

http://www.legislation.gov.uk/uksi/1996/207/body/2006-05-05

The Jobseeker’s Allowance Regulations 1996

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text/xml

Statute Law Database

SOCIAL SECURITY

2024-10-30

Expert Participation

2006-05-05

The Regulations contained in this Instrument are made either by virtue of, or in consequence of, provisions in the Jobseekers Act 1995 (c.18) (“the 1995 Act"). The instrument is made before the end of the period of 6 months beginning with the coming into force of those provisions; the regulations in it are therefore exempted from the requirement in section 172(1) of the Social Security Administration Act 1992 (c.5) to refer proposals to make these Regulations to the Social Security Advisory Committee and are made without reference to that Committee.

The Jobseeker’s Allowance Regulations 1996

reg. 83(c)

The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003

Sch. 2

para. 2(b)

The Jobseeker’s Allowance Regulations 1996

reg. 84(1)(d)

The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003

Sch. 2

para. 3(b)

The Jobseeker’s Allowance Regulations 1996

reg. 86B(c)

The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003

Sch. 2

para. 5

The Jobseeker’s Allowance Regulations 1996

reg. 148(1)(c)(ii)

The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003

Sch. 2

para. 19(a)

The Jobseeker’s Allowance Regulations 1996

Sch. 5

The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003

Sch. 2

para. 21(b)

The Jobseeker’s Allowance Regulations 1996

Sch. 5

The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003

Sch. 2

para. 21(d)

The Jobseeker’s Allowance Regulations 1996

reg. 75(1)(a)(iii)

The Social Security (Flexible New Deal) Regulations 2009

reg. 2(5)(a)

reg. 1(3)

The Jobseeker’s Allowance Regulations 1996

Sch. 7

para. 6A

The Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit) (Amendment) Regulations 2002

Sch. 2

para. 5

reg. 1(3)

The Jobseeker’s Allowance Regulations 1996

Sch. 2

para. 5(4)

The Local Government Finance (Consequential and Miscellaneous Amendments and Revocations) (Secondary Legislation) (Wales) Regulations 2024

Rheoliadau Cyllid Llywodraeth Leol (Diwygiadau a Dirymiadau Canlyniadol ac Amrywiol) (Is-ddeddfwriaeth) (Cymru) 2024

reg. 12

reg. 1(3)

The Jobseeker’s Allowance Regulations 1996

reg. 110(10)(ab)

The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021

reg. 3(4)(a)

reg. 1

PART I GENERAL

Citation, commencement and interpretationC6 C171

1

These Regulations may be cited as the Jobseeker’s Allowance Regulations 1996.

2

These Regulations shall come into force on 7th October 1996.

C163

In these Regulations–

F827“Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;

“the Act" means the Jobseekers Act 1995;

F683“adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996;

F809“the Armed Forces and Reserve Forces Compensation Scheme” means the scheme established under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004;

“attendance allowance" means–

a

an attendance allowance under section 64 of the Benefits Act;

b

an increase of disablement pension under section 104 or 105 of the Benefits Act (increases where constant attendance needed and for exceptionally severe disablement);

c

a payment under regulations made in accordance with section 111 of, and paragraph 7(2) of Schedule 8 to, the Benefits Act (payments for constant attendance in workmen’s compensation cases);

d

an increase in allowance which is payable in respect of constant attendance under section 111 of, and paragraph 4 of Schedule 8 to, the Benefits Act (industrial diseases benefit schemes);

e

a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 F1 or any analogous payment;

f

any payment based on the need for attendance which is paid as an addition to a war disablement pension;

“benefit week" means a period of 7 days ending on the day which corresponds with the day of the week specified in a notice given or sent to the claimant in accordance with regulation 23 (attendance) F118requiring him to provide a signed declaration as referred to in regulation 24(6) or, in the case of a claimant who is not normally required to attend in person, on the day which corresponds with the day of the week specified by the Secretary of State in accordance with regulation 24(10) for the provision of a signed declaration, except—

F207a

where—

i

the Secretary of State requires attendance otherwise than at regular two weekly intervals, or in the case of a claimant who is paid benefit in accordance with Part III, other than regulation 20A, of the Claims and Payments Regulations at the time he provides a signed declaration as referred to in regulation 24(6), the “benefit week” ends on such day as the Secretary of State may specify in a notice in writing given or sent to the claimant;

ii

in accordance with an award of income support that includes the relevant day, the “benefit week” ends on a Saturday, the “benefit week” shall end on a Saturday, or on such other day as the Secretary of State may specify in a notice in writing given or sent to the claimant; or

iii

in accordance with an award of unemployment benefit that includes the relevant day, the claimant is paid benefit in respect of a period of seven days ending on the week-day specified in a written notice given to him by the Secretary of State for the purpose of his claiming unemployment benefit, and that day is a Saturday, the “benefit week” shall end on a Saturday or on such other day as the Secretary of State may specify in a notice in writing given or sent to the claimant;

F119aa

where the Secretary of State has set a day for payment of a jobseeker’s allowance in respect of a claim, but no notice has yet been given or sent to the claimant in accordance with regulation 23, the “benefit week” means a period of 7 days ending on the day which has been set;

b

for the purpose of calculating any payment of income in accordance with Part VIII, “benefit week" also means the period of 7 days ending on the day before the first day of the benefit week following the date of claim or, as the case may be, the last day on which a jobseeker’s allowance is paid if it is in payment for;

“board and lodging accommodation" means–

a

accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises; or

b

accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,

except accommodation provided by a close relative of his or of any other member of his family, or other than on a commercial basis;

F827“care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;

F702“child tax credit” means a child tax credit under section 8 of the Tax Credits Act 2002;

F272“the Children Order" means the Children (Northern Ireland) Order 1995;

“Claims and Payments Regulations" means the Social Security (Claims and Payments) Regulations 1987F2;

“close relative" means, except in Parts II, F208... and V, a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, F845or if any of the preceding persons is one member of a couple, the other member of that couple;

“college of further education" means a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992F3;

“concessionary payment" means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under the Act or the Benefits Act are charged;

“co-ownership scheme" means a scheme under which a dwelling is let by a housing association and the tenant, or his personal representative, will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any condition stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling;

F848“couple” means—

a

a man and woman who are married to each other and are members of the same household;

b

a man and woman who are not married to each other but are living together as husband and wife;

c

two people of the same sex who are civil partners of each other and are members of the same household; or

d

two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of paragraph (d), two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex;

“course of advanced education" means–

a

a course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education or a higher national diploma; or

b

any other course which is of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level), F794a Scottish national qualification (higher or advanced higher);

F404“course of study" means any course of study, whether or not it is a sandwich course and whether or not a grant is made for attending or undertaking it;

“Crown tenant" means a person who occupies a dwelling under a tenancy or licence where the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest belonging to Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners;

“date of claim" means the date on which the claimant makes, or is treated as making, a claim for a jobseeker’s allowance for the purposes of regulation 6 of the Claims and Payments RegulationsF4;

“disability living allowance" means a disability living allowance under section 71 of the Benefits Act;

F704...

“dwelling occupied as the home" means the dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated;

“earnings" has the meaning specified, in the case of an employed earner, in regulation 98, or in the case of a self-employed earner, in regulation 100;

F810...

“the Eileen Trust" means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

“employment-related course" means a course the purpose of which is to assist persons to acquire or enhance skills required for employment, for seeking employment or for a particular occupation;

F383“employment zone" means an area within Great Britain designated for the purposes of section 60 of the Welfare Reform and Pensions Act 1999 and an “employment zone programme" means a programme established for such an area or areas designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment;

F383“employment zone contractor" means a person who is undertaking the provision of facilities in respect of an employment zone programme on behalf of the Secretary of State for Education and Employment;

F724...

F571...

F405“full-time course of advanced education" means a course of advanced education which is...—

a

F406...a full-time course of study which is not funded in whole or in part by F572the Learning and Skills Council for England or by the F869National Assembly for Wales or a full-time course of study F124... which is not funded in whole or in part by the F604Scottish Ministers at a college of further education F125or a full-time course of study which is a course of higher education and is funded in whole or in part by the F604Scottish Ministers;

F574b

a course of study which is funded in whole or in part by the Learning and Skills Council for England or by the F869National Assembly for Wales if it involves more than 16 guided hours per week for the student in question, according to the number of guided learning hours per week for that student set out—

i

in the case of a course funded by the Learning and Skills Council for England, in his learning agreement signed on behalf of the establishment which is funded by the Learning and Skills Council for England for the delivery of that course; or,

ii

in the case of a course funded by the F870National Assembly for Wales, in a document signed on behalf of the establishment which is funded by the National Council for Education and Training for Wales for the delivery of that course; or,

c

F407...a course of study (not being higher education) which is funded in whole or in part by the F604Scottish Ministers at a college of further education if it involves—

i

more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or

ii

16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;

“full-time student" means a person, other than a person in receipt of a training allowance F898or a person who is a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person), who is—

a

aged less than 19 and undertaking a full-time course of advanced education or

b

aged 19 or over but under pensionable age and–

i

attending a full-time course of study which is not funded in whole or in part by F572the Learning and Skills Council for England or by the F871National Assembly for Wales or a full-time course of study F122... which is not funded in whole or in part by the F605Scottish Ministers at a college of further education F123or a full-time course of study which is a course of higher education and is funded in whole or in part by the F605Scottish Ministers ;

F573ii

undertaking a course of study which is funded in whole or in part by the Learning and Skills Council for England or by the F871National Assembly for Wales if it involves more than 16 guided hours per week for the student in question, according to the number of guided learning hours per week for that student set out—

aa

bb

in the case of a course funded by the F872National Assembly for Wales, in a document signed on behalf of the establishment which is funded by the National Council for Education and Training for Wales for the delivery of that course; or,

iii

undertaking a course of study (not being higher education) which is funded in whole or in part by the F605Scottish Ministers at a college of further education if it involves—

aa

bb

16 hours or less per week of classroom or workshop based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;

“the Fund" means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;

F809“a guaranteed income payment” means a payment made under article 14(1)(b) or article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005;

“higher education" means higher education within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992F5;

F227“housing benefit expenditure" means expenditure in respect of which housing benefit is payable as specified in F867regulation 12(1) of the Housing Benefit Regulations 2006 but does not include any such expenditure in respect of which an amount is applicable under regulation 83(f) or 84(1)(g) (housing costs);

“housing benefit expenditure" means expenditure of a kind for which housing benefit may be granted;

F382“Immigration and Asylum Act" means the Immigration and Asylum Act 1999;

“Income Support Regulations" means the Income Support (General) Regulations 1987F6;

F827“independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;

“the Independent Living (Extension) Fund" means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

“the Independent Living Fund" means the charitable trust established out of funds provided by the Secretary of State for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need of such assistance to enable them to live independently;

“the Independent Living (1993) Fund" means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

“the Independent Living Funds" means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1993) Fund;

F579“Intensive Activity Period for 50 plus” means the programme known by that name and provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973, being a programme lasting for up to 52 weeks for any one individual aged 50 years or over on the day that he first joined any such programme, and consisting for that individual of any one or more of the following elements, namely employed earner’s employment, assistance in pursuing self-employed earner’s employment, education and training, work experience, assistance with job search, motivation and skills training;

“invalid carriage or other vehicle" means a vehicle propelled by a petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;

“jobseeking period" means the period described in regulation 47 F284except where otherwise provided;

“last day of the course" has the meaning prescribed in regulation 130 for the purposes of the definition of “period of study" in this paragraph;

“liable relative" has the meaning prescribed in regulation 117;

F864“the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;

“lone parent" means a person who has no partner and who is responsible for, and a member of the same household as, a child or young person;

“long tenancy" means a tenancy granted for a term of years certain exceeding twenty one years, whether or not the tenancy is, or may become, terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture (or, in Scotland, irritancy) or otherwise and includes a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal unless it is a lease by sub-demise from one which is not a long tenancy;

“lower rate" where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988 by virtue of section 832(1) of that ActF7;

“the Macfarlane (Special Payments) Trust" means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State for the benefit of certain persons suffering from haemophilia;

“the Macfarlane (Special Payments) (No.2) Trust" means the trust of that name, established on 2nd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;

“the Macfarlane Trust" means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;

“making a claim" includes treated as making a claim;

“maternity leave" means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part III of the Employment Protection (Consolidation) Act 1978F8 ;

“mobility supplement" means any supplement under article 26A of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 F9 including such a supplement by virtue of any other scheme or order or under article 25A of the Personal Injuries (Civilians) Scheme 1983F10 ;

“net earnings" means such earnings as are calculated in accordance with regulation 99;

“net profit" means such profit as is calculated in accordance with regulation 101;

F398“the New Deal options” means the employment programmes specified in regulation 75(1)(a)(ii) and the training scheme specified in regulation 75(1)(b)(ii);

“non-dependant" has the meaning prescribed in regulation 2;

“non-dependant deduction" means a deduction that is to be made under regulation 83(f) and paragraph 17 of Schedule 2;

F826...

“occupational pension" means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;

“partner" means where a claimant–

a

is a member of F846a couple, the other member of that couple;

b

is married polygamously to two or more members of his household, any such member;

F449but in so far as this definition applies to a member of a joint-claim couple, it shall only apply to such a member specified in regulation 3E(2)

“part-time student" means a person who is attending or undertaking a course of study and who is not a full-time student;

F684“paternity leave” means a period of absence from work on leave by virtue of section 80A or 80B of the Employment Rights Act 1996;

“payment" includes a part of a payment;

“pay period" means the period in respect of which a claimant is, or expects to be, normally paid by his employer, being a week, a fortnight, four weeks, a month or other longer or shorter period as the case may be;

“period of study" except in Parts II, IV and V means–

a

in the case of a course of study for one year or less, the period beginning with the start of the course and ending with the last day of the course;

b

in the case of a course of study for more than one year, in the first or, as the case may be, any subsequent year of the course, other than the final year of the course, the period beginning with the start of the course or, as the case may be, that year’s start and ending with either—

F410i

the day before the start of the next year of the course in a case where the student’s grant or loan is assessed at a rate appropriate to his studying throughout the year, or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one; or

ii

in any other case the day before the start of the normal summer vacation appropriate to his course;

c

in the final year of a course of study of more than one year, the period beginning with that year’s start and ending with the last day of the course;

“policy of life insurance" means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;

“polygamous marriage" means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;

F626...

“qualifying person" means a person in respect of whom payment has been made from the FundF789, the Eileen Trust F865, the Skipton Fund or the London Bombings Relief Charitable Fund ;

“relative" means close relative, grand-parent, grand-child, uncle, aunt, nephew or niece;

“relevant enactment" has the meaning prescribed in F126regulation 78(9)(a);

“remunerative work" has the meaning prescribed in regulation 51(1);

F826...

F711...

F826...

F411“sandwich course” has the meaning prescribed in regulation 5(2) of the F655Education (Student Support) Regulations 2002 or regulation 5(2) of the Education (Student Loans) (Scotland) Regulations 2000 or regulation 5(2) of the F656Education (Student Support) Regulations (Northern Ireland) 2001, as the case may be;

“self-employed earner" has the meaning it has in Part I of the Benefits Act by virtue of section 2(1)(b) of that Act;

F787“self-employment route” means assistance in pursuing self-employed earner’s employment whilst participating in—

a

an employment zone programme; or

b

a programme provided or other arrangements made pursuant to section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 (functions in relation to training for employment etc.);

“single claimant" means a claimant who neither has a partner nor is a lone parent;

F790“the Skipton Fund” means the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions;

F321“sports award" means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993 out of sums allocated to it for distribution under that section;

F383“subsistence allowance" means an allowance which an employment zone contractor has agreed to pay to a person who is participating in an employment zone programme;

“terminal date" in respect of a claimant means the terminal date in his case for the purposes of regulation 7 of the Child Benefit (General) Regulations 1976;

“training allowance" means an allowance (whether by way of periodical grants or otherwise) payable—

a

out of public funds by a Government department or by or on behalf of the Secretary of State for Education and Employment, Scottish Enterprise or Highlands and Islands Enterprise; andF565, the Learning and Skills Council for England or the National Assembly for Wales

b

to a person for his maintenance or in respect of a member of his family; and

c

for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Secretary of State for Education and Employment, Scottish Enterprise or Highlands and Islands Enterprise F566or the National Assembly for Wales,

but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973 F121or section 2 of the Enterprise and New Towns (Scotland) Act 1990, or is training as a teacher;

“voluntary organisation" means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;

“war disablement pension" means a pension payable to a person in respect of disablement—

a

under the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 1983 F11 and any order re-enacting the provisions of that order;

b

under the Personal Injuries (Civilians) Scheme 1983 F12, and any subsequent scheme made under the Personal Injuries (Emergency Provisions) Act 1939 F13;

c

under any scheme made under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 F14 or the Polish Resettlement Act 1947 F15 applying the provisions of any such order as is referred to in paragraph (a);

d

under the order made under section 1(5) of the Ulster Defence Regiment Act 1969 F16 concerning pensions and other grants in respect of disablement or death due to service in the Ulster Defence Regiment F17;

e

under the order in council of 19 December 1881, the Royal Warrant of 27 October 1884, or the order by His Majesty of 14 January 1922 (exceptional grants of pay, non-effective pay and allowances);

f

paid by the Overseas Development Administration and which is analogous to any of the pensions mentioned in the preceding paragraphs;

“war widow’s pension" means a pension payable to a woman as a widow under any of the enactments mentioned in the definition of

F625“war widower’s pension” means a pension payable to a man as a widower F847or to a surviving civil partner under any of the enactments mentioned in the definition of “war disablement pension” in respect of death or disablement of any person;

“war disablement pension" in respect of the death or disablement of any person;

“water charges" means–

a

as respects England and Wales, any water and sewerage charges under Chapter 1 of Part V of the Water Industry Act 1991 F18;

b

as respects Scotland, any water and sewerage charges under Schedule 11 to the Local Government Finance Act 1992 F19;

in so far as such charges are in respect of the dwelling which a person occupies as his home;

“week" in F226the definitions of “full-time course of advanced education” and of “full-time student” andF120Parts III, VI, VII, VIII, IX, X, XI, XII and XIII means a period of 7 days;

F305“welfare to work beneficiary" means a person–

a
to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies; and
b
who again becomes incapable of work for the purposes of Part XIIA of the Contributions and Benefits Act 1992;

F703“working tax credit” means a working tax credit under section 10 of the Tax Credits Act 2002;

he has subsequently ceased to be engaged in caring for that person or, as the case may be, he has subsequently recovered from that illness; and

c

he is not eligible for a grant or a student loan (as defined in regulation 130) in respect of the period specified in paragraph (3E).

3E

The period specified for the purposes of paragraph (3D) is the periodF657, not exceeding one year, beginning on the day on which he ceased to be engaged in caring for that other person or, as the case may be, the day on which he recovered from that illness and ending on the day before—

a

the day on which he resumes attending or undertaking the course; or

F658b

the day from which the relevant educational establishment has agreed that he may resume attending or undertaking the course,

whichever shall first occur.

F6273F

For the purposes of these Regulations, where a person’s principal place of residence is a F828care home, an Abbeyfield Home or an independent hospital and he is temporarily absent from that home or hospital, he shall be regarded as continuing to reside in that home or hospital—

a

where he is absent because he is a patient, for the first F70852 weeks of any such period of absence and for this purpose—

i

“patient” has the meaning it has in Schedule 5 by virtue of regulation 85; and

ii

periods of absence separated by not more than 28 days shall be treated as a single period of absence equal in duration to all those periods; and

b

for the first three weeks of any other period of absence.

4

In these Regulations, unless the context otherwise requires, a reference–

a

to a numbered section is to the section of the Act bearing that number;

b

to a numbered Part is to the Part of these Regulations bearing that number;

c

to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;

d

in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;

e

in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

5

Unless the context requires otherwise, any reference to the claimant’s family or, as the case may be, to a member of his family, shall be construed for the purposes of these Regulations as if it included in relation to a polygamous marriage a reference to any partner and to any child or young person who is treated as the responsibility of the claimant or his partner, where that child or young person is a member of the claimant’s household.

In this regulation “communal area" means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.

F258Disapplication of section 1(1A) of the Administration Act2A

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

F727a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

to any claim for jobseeker’s allowance made or treated as made before 5th October 1998.

Meanings of certain expressions used in the Jobseekers Act 19953

For the purposes of the Act and of these Regulations—

“employed earner" has the meaning it has in Part I of the Benefits Act by virtue of section 2(1)(a) of that Act;
F261“employment", except as provided in regulations 4 and 75, includes any trade, business, profession, office or vocation;
“pensionable age" has the meaning it has in Parts I to VI of the Benefits Act by virtue of section 122(1) of that Act.

F442PART IAJOINT-CLAIM COUPLES

Annotations:

Amendments (Textual)

F442

Pt. 1A inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), regs. 1(1), 2(2)

Prescribed description of a joint-claim couple for the purposes of section 1(4)3A

1

For the purposes of section 1(4), a joint-claim couple shall include any joint-claim couple within the meaning given in section 1(4) of the Act where at least one member F450is aged 18 or over and was born after F67828th October 1957, unless a member of the couple is treated as responsible for a child or young person under regulation 77(3), or the couple has care of a child or young person in one or more of the circumstances mentioned in regulation 78(4), or a child or young person is living with either member of the couple in the circumstances mentioned in regulation 78(8).

2

In a case where a person would (but for these Regulations) be a member of more than one joint-claim couple, a joint-claim couple means the couple of which he is a member which that person nominates (or in default of such nomination, which the Secretary of State nominates), to the exclusion of any other couple of which he is a member.

Entitlement of a former joint-claim couple to a jobseeker’s allowance3B

F451c

the other member satisfies the condition in section 1(2)(e) and (h) but is not required to satisfy the other conditions in section 1(2B)(b) because, subject to paragraph (3), he is a person to whom any paragraph in Schedule A1 applies; and

d

the conditions set out in section 3A are satisfied in relation to the couple.

2

A member of a joint-claim couple who falls within any paragraph in Schedule A1 for the purposes of this regulation for any day in a benefit week shall fall within that category for the whole of that week.

3

Subject to paragraph (4), paragraph 2 of Schedule A1 (students) may only apply to a member of a joint-claim couple in respect of one claim for a jobseeker’s allowance made jointly by that couple in respect of a jobseeking period applying to the other member of that couple.

4

Notwithstanding paragraph (3), paragraph 2 of Schedule A1 may apply to a member of a joint-claim couple in respect of a further claim for a jobseeker’s allowance made jointly by the couple where the couple’s previous entitlement to a joint-claim jobseeker’s allowance ceased because one member of the couple—

a

was engaged in remunerative work;

b

had been summoned to jury service; or

c

was within a linked period as prescribed in regulation 48(2).

Entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple3E

1

A member of a joint-claim couple is entitled to a jobseeker’s allowance if, without making a claim jointly for that allowance with the other member of the couple—

a

he satisfies the conditions set out in section 1(2) (a) to (c) and (e) to (i);

b

he satisfies the conditions set out in section 3; and

c

the other member of that couple fails to meet the conditions of entitlement set out in section 1(2B)(b) and is a person to whom paragraph (2) applies.

2

This paragraph applies to a member of a joint-claim couple—

a

who has failed to attend at the time and place specified by the employment officer for the purposes of regulation 6 of the Claims and Payments Regulations;

b

in respect of whom it has been determined by the Secretary of State that the conditions in section 1(2)(a) to (c) have not been satisfied but only for so long as it has been so determined in respect of that member;

c

who is temporarily absent from Great Britain;

d

who is a person from abroad as defined for the purposes of regulation 85 and Schedule 5;

e

who is subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act;

f

who is over pensionable age;

g

who is engaged, or has agreed to be engaged, in remunerative work for F45216 hours or more per week but less than 24 hours per week;

h

who has claimed a maternity allowance payable in accordance with section 35 of the Benefits Act or who has claimed statutory maternity pay payable in accordance with Part XII of that Act;

i

who is or has been pregnant and to whom sub-paragraph (h) does not apply but only for the period commencing 11 weeks before the expected week of confinement and ending seven weeks after the date on which the pregnancy ends F682where the expected week of confinement begins prior to 6th April 2003 or fifteen weeks after the date on which her pregnancy ends where the expected week of confinement begins on or after 6th April 2003;

j

in respect of whom there is an Order in Council under section 179 of the Administration Act giving effect to a reciprocal agreement which, for the purposes of jobseeker’s allowance, has effect as if a payment made by another country is to be treated as a payment of a jobseeker’s allowance; F679...

k

who is in receipt of statutory sick pay and who, immediately before he became incapable of work, was engaged in remunerative work for F45316 hours or more per week F680or

F6801

where the other member was entitled to an income-based jobseeker’s allowance on 27th October 2002, save that this sub-paragraph shall apply only until the day on which he is required to attend at a place specified by an employment officer in a notification given or sent to him.

Transitional case couples: prescribed circumstances and period for the purposes of paragraph 8A(2) of Schedule 13F

A transitional case couple shall be entitled to a joint-claim jobseeker’s allowance without having made a claim for it jointly for the period beginning on the day on which section 59 of, and Schedule 7 to, the Welfare Reform and Pensions Act 1999 comes into force and ending on the day on which the member of the transitional case couple who was not entitled to an income-based jobseeker’s allowance on the coming into force of that Schedule is required to attend at a place specified by an employment officer in a notification given or sent to that member.

Supply of information3G

Where a claim for a jobseeker’s allowance has been made jointly by a joint-claim couple, information relating to that claim may be supplied by the Secretary of State to either or both members of that couple for any purpose connected with that claim.

PART II JOBSEEKING

Chapter I Interpretation

Interpretation of Parts II, IV and V4

In Parts II, IV and V and, as provided below, the Act—

“appropriate office" means the office of the Department for Education and Employment which the claimant is required to attend in accordance with a notice under regulation 23, or any other place which he is so required to attend;
“caring responsibilities" means responsibility for caring for a child or for an elderly person or for a person whose physical or mental condition requires him to be cared for, who is either in the same household or a close relative;
“casual employment" means employment from which the employee can be released without his giving any notice F285except where otherwise provided;
“close relative" meansF209, except in Part IV,F849a member of a couple, parent, step-parent, grandparent, parent-in-law, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, brother, sister, grandchild F850or if any of the preceding persons is one member of a couple, the other member of that couple;
“elderly person" means a person of or over pensionable age;
“employment" in sections 1, 3, 6, 8, 14F263... and 20 and paragraph 8 of Schedule 1 to the Act and in F264Parts II and IV means employed earner’s employment except where otherwise provided;
“employment officer" means a person who is an employment officer for the purposes of sections 9 and 10;
F285“examination" in relation to a qualifying course means an examination which is specified as an examination related to the qualifying course in a document signed on behalf of the establishment at which the qualifying course is being undertaken;
F286“made a claim for a jobseeker’s allowance" includes treated as having made a claim for the allowance and treated as having an award of the allowance in accordance with regulation 5, 6 or 7 of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1996
“Outward Bound course" means any course or programme for personal development which is made available to persons who are not in employment by the charitable trust known as the Outward Bound Trust Limited;
“part-time ~~F820member of a fire brigade" means a person who is a part-time member of a fire brigade maintained in pursuance of the Fire Services Acts 1947-1959~~ F843or, in England or Wales, a part-time fire-fighter employed by a fire and rescue authorityF820fire-fighter employed by a fire and rescue authority (as defined in section 1 of the Fire (Scotland) Act 2005 (asp 5)) or a joint fire and rescue board constituted by an amalgamation scheme made under section 2(1) of that ActF807or, in England, a part-time fire-fighter employed by a fire and rescue authorityF21;
“pattern of availability" has the meaning given in regulation 7;
F402“period of study" means—
1. a
  the period during which the student is regarded as attending or undertaking the course of study; and
2. b
  any period of attendance by the student at his educational establishment or any period of study undertaken by the student, in connection with the course, which occurs before or after the period during which he is to be regarded as undertaking the course of study;
“a person who is kept on short-time" means a person whose hours of employment have been reduced owing to temporary adverse industrial conditions;
“a person who is laid off" means a person whose employment has been suspended owing to temporary adverse industrial conditions;
F287“qualifying course" has the meaning given in regulation 17A;
F287“term-time" in relation to a qualifying course means the period specified as term-time in relation to a person to whom regulation 17A(2) applies in a document signed on behalf of the establishment at which the qualifying course is being undertaken;
F287“vacation" in relation to a qualifying course means any period falling within the period of study, which is not term-time;
“voluntary work" means work for an organisation the activities of which are carried on otherwise than for profit, or work other than for a member of the claimant’s family, where no payment is received by the claimant or the only payment due to be made to him by virtue of being so engaged is a payment in respect of any expenses reasonably incurred by him in the course of being so engaged;
“week" in sections 6 and 7 and in Parts II and IV means benefit week except where provided otherwise in Parts II and IV;
“work camp" means any place in Great Britain where people come together under the auspices of a charity, a local authority or a voluntary organisation to provide a service of benefit to the community or the environment.

Chapter II Availability for Employment

Exceptions to requirement to be available immediately: carers, voluntary workers, persons providing a service and persons under an obligation to provide notice5

F6891

In order to be regarded as available for employment—

a

a person who has caring responsibilities is not required to be able to take up employment immediately, providing he is willing and able to take up employment on being given 48 hours' notice; and

b

a person who is engaged in voluntary work is not required to be able to take up employment immediately, providing he is willing and able—

i

to take up employment on being given one week’s notice; and

ii

to attend for interview in connection with the opportunity of any such employment on being given 48 hours' notice.

2

In order to be regarded as available for employment, a person who is engaged, whether by contract or otherwise, in providing a service with or without remuneration, other than a person who has caring responsibilities or who is engaged in voluntary work, is not required to be able to take up employment immediately, providing he is willing and able to take up employment on being given 24 hours’ notice.

3

In order to be regarded as available for employment, a person who is in employed earner’s employment and is not engaged in remunerative work and who is required by section 49 of the Employment Protection (Consolidation) Act 1978 F22 to give notice to terminate his contract is not required to be able to take up employment immediately, providing he is willing and able to take up employment immediately he is able to do so in accordance with his statutory obligations.

4

Where in accordance with regulation 7, 13 or 17 a person is only available for employment at certain times, he is not required to be able to take up employment at a time at which he is not available, but he must be willing and able to take up employment immediately he is available.

5

Where in accordance with paragraph (1) or (2) a person is not required to be able to take up employment immediately, the F690one week, 48 hour and 24 hour periods referred to in those paragraphs include periods when in accordance with regulation 7 or 13 he is not available.

F6886

In this regulation “week” means any period of seven consecutive days.

Employment of at least 40 hours per week6

1

In order to be regarded as available for employment, a person must be willing and able to take up employment of at least 40 hours per week, unless he has restricted his availability in accordance with paragraph (3) or (4) of regulation 13 or paragraph (2) of regulation 17 or two or more of those provisions.

2

In order to be regarded as available for employment, a person must be willing and able to take up employment of less than 40 hours per week but not for a greater number of hours per week than the number for which he is available in accordance with paragraph (3) or (4) of regulation 13 or paragraph (2) of regulation 17 or two or more of those provisions.

Restriction of hours for which a person is available to 40 hours per week7

1

Except as provided in regulation 13 and in regulation 17(2), a person may not restrict the total number of hours for which he is available for employment to less than 40 hours in any week.

2

A person may restrict the total number of hours for which he is available for employment in any week to 40 hours or more providing

a

the times at which he is available to take up employment (his “pattern of availability") are such as to afford him reasonable prospects of securing employment;

b

his pattern of availability is recorded in his jobseeker’s agreement and any variations in that pattern are recorded in a varied agreement and

c

his prospects of securing employment are not reduced considerably by the restriction imposed by his pattern of availability.

3

A person who has restricted the total number of hours for which he is available in accordance with paragraph (2) and who is not available for employment, and is not to be treated as available for employment in accordance with regulation 14, for one day or more in a week in accordance with his pattern of availability shall not be regarded as available for employment even if he was available for employment for a total of 40 hours or more during that week.

Other restrictions on availability8

Subject to regulations 6, 7 and 9, any person may restrict his availability for employment by placing restrictions on the nature of the employment for which he is available, the terms or conditions of employment for which he is available (including the rate of remuneration) and the locality or localities within which he is available, providing he can show that he has reasonable prospects of securing employment notwithstanding those restrictions and any restrictions on his availability in accordance with regulations 7(2), 13(2), (3), (4) or 17(2).

No restrictions on pay after six months9

After the expiry of the six month period beginning with the date of claim, a person may not restrict his availability for employment by placing restrictions on the level of remuneration in employment for which he is available.

Reasonable prospects of employment10

1

For the purposes of regulations 7 and 8 and paragraphs (2) and (4) of regulation 13, in deciding whether a person has reasonable prospects of securing employment, regard shall be had, in particular, to the following matters—

a

his skills, qualifications and experience;

b

the type and number of vacancies within daily travelling distance from his home;

c

the length of time for which he has been unemployed;

d

the job applications which he has made and their outcome;

e

if he wishes to place restrictions on the nature of the employment for which he is available, whether he is willing to move home to take up employment.

2

It shall be for the claimant to show that he has reasonable prospects of securing employment if he wishes to restrict his availability in accordance with regulation 7 or 8 or paragraph (2) or (4) of regulation 13.

Part-time students11

1

If in any week a person is a part-time student and

a

he falls within paragraph (2)

b

he has restricted the total number of hours for which he is available in accordance with regulation 7(2), F12713(3) or (4) or 17(2); and

c

the hours of his course of study fall in whole or in part within his pattern of availability, in determining whether he is available for employment no matter relating to his course of study shall be relevant providing he is willing and able to re-arrange the hours of his course in order to take up employment at times falling within his pattern of availability, to take up such employment immediately or, if he falls within paragraph (1), (2) or (3) of regulation 5, at the time specified in that paragraph and providing he complies with the requirements of regulation 6.

2

A person falls within this paragraph if

a

for a continuous period of not less than 3 months falling immediately before the date on which he first attended the course of study he was in receipt of jobseeker’s allowance or incapacity benefit or was on a course of training or he was in receipt of income support and he fell within paragraph 7 of Schedule 1B to the Income Support Regulations F23 or

b

during the period of 6 months falling immediately before the date on which he first attended the course of study he was

i

for a period, or periods in the aggregate, of not less than 3 months in receipt of jobseeker’s allowance or incapacity benefit or on a course of training or he was in receipt of income support and he fell within paragraph 7 of Schedule 1B to the Income Support Regulations and

ii

after the period referred to in (i), or in the case of periods in the aggregate, after the first such period and throughout the remainder of the 6 months for which that sub-paragraph did not apply to him, engaged in remunerative work or other work the emoluments of which are such as to disentitle him from receipt of jobseeker’s allowance or incapacity benefit or from receipt of income support which would have been payable because he fell within paragraph 7 of Schedule 1B to the Income Support Regulations

and the period of 3 months referred to in sub-paragraph (i) or, as the case may be, the period of 6 months referred to in sub-paragraph (ii), fell wholly after the terminal date.

3

In this regulation, “training" means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible F567secured in England and Wales by the Learning and Skills Council for England or by the F873National Assembly for Wales, and, in Scotland, provided directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name).

VolunteersF69112

1

Paragraph (2) applies if in any week a person is engaged in voluntary work and—

a

he has restricted the total number of hours for which he is available in accordance with regulation 7(2), 13(3) or (4) or 17(2); and

b

the hours in which he is engaged in voluntary work fall in whole or in part within his pattern of availability.

2

In determining whether a person to whom this paragraph applies is available for employment no matter relating to his voluntary work shall be relevant providing—

a

on being given one week’s notice, he is willing and able to re-arrange the hours in which he is engaged in voluntary work in order to take up employment at times falling within his pattern of availability; and

b

on being given 48 hours' notice, he is willing and able to re-arrange the hours in which he is engaged in voluntary work in order to attend for interview at times falling within his pattern of availability in connection with the opportunity of any such employment; and

c

he complies with the requirements of regulation 6.

3

In paragraph (2) “week” means any period of seven consecutive days.

Additional restrictions on availability for certain groups13

1

In any week a person may restrict his availability for employment in the following ways, if the circumstances set out apply.

2

Subject to regulations 6, 7 and 9, a person may impose restrictions on the nature of the employment for which he is available by reason of a sincerely held religious belief, or a sincerely held conscientious objection providing he can show that he has reasonable prospects of employment notwithstanding those restrictions and any restrictions on his availability in accordance with regulation 7(2), 8, paragraph (3) or (4) of this regulation or regulation 17(1) or (2).

3

A person may restrict his availability in any way providing the restrictions are reasonable in the light of his physical or mental condition.

4

A person with caring responsibilities may restrict the total number of hours for which he is available for employment to less than 40 hours in any week providing

a

in that week he is available for employment for as many hours as his caring responsibilities allow and for the specific hours that those responsibilities allow and

b

he has reasonable prospects of securing employment notwithstanding that restriction and

c

he is available for employment of at least 16 hours in that week.

5

In deciding whether a person satisfies the conditions in paragraph (4)(a), regard shall be had, in particular, to the following matters—

a

the particular hours and days spent in caring;

b

whether the caring responsibilities are shared with another person;

c

the age and physical and mental condition of the person being cared for.

Circumstances in which a person is to be treated as available14

1

A person, other than one F222to whom regulation 15(a), (b) or (c) applies, shall be treated as available for employment in the following circumstances for as long as those circumstances apply, subject to any maximum period specified in this paragraph—

a

notwithstanding regulation 15(a), if he is participating as a full-time student in an employment-related course where participation by him has been approved before the course started by an employment officer, for a maximum of 2 weeks and one such course in any period of 12 months;

b

if he is attending a residential work camp, for a maximum of 2 weeks and one such occasion in any period of 12 months;

c

if he is temporarily absent from Great Britain because he is taking a member of his family who is a child or young person abroad for treatment, for a maximum of 8 weeks;

d

if he is engaged in the manning or launching of a lifeboat or in the performance of duty as a part-time member of a fire brigade or engaged during an emergency in duties for the benefit of others;

e

if he is a member of a couple and is looking after a member of his family who is a child while the other member is temporarily absent from the United Kingdom, for a maximum of 8 weeks;

f

if he is following an Open University course and is attending, as a requirement of that course, a residential course, for a maximum of one week per course;

g

if he is temporarily looking after a child full-time because the person who normally looks after the child is ill or temporarily absent from home or the person is looking after a member of the family who is ill, for a maximum of 8 weeks;

h

if he has been discharged from detention in a prison, remand centre or youth custody institution, for one week commencing with the date of his discharge;

F223i

if the period beginning on the date of claim and ending on the day before the beginning of the first week after the date of claim is less than 7 days and the circumstances in paragraph (2A) apply, for any part of that period when he is not treated as available for employment under any other provision of this regulation;

F128j

if the award is terminated other than on the last day of a week, for the period beginning with the beginning of the week in which the award is terminated and ending on the day on which the award is terminated;

k

notwithstanding regulation 15(a), if he is participating in a programme provided by the Venture Trust in pursuance of an arrangement made by the Secretary of State for the Home Department with the Trust, for a maximum of 4 weeks and one such programme in any period of 12 months;

l

if he is treated as capable of work in accordance with regulation 55, for the period determined in accordance with that regulation;

F797ll

if he is treated as capable of work in accordance with regulation 55A, for the period determined in accordance with that regulation;

m

if he is temporarily absent from Great Britain to attend an interview for employment and has given notice to an employment officer, in writing if so required by the employment officer, that he will be so absent for a maximum of one week;

n

if he is a member of a couple F456other than a joint-claim couple and he and his partner are both absent from Great Britain and a premium referred to in paragraph 10, 11, 12, 13 or 15 of Schedule 1 (applicable amounts) is applicable in respect of his partner, for a maximum of 4 weeks.

F454nn

if he is a member of a joint-claim couple and he and his partner are both absent from Great Britain and a premium referred to in paragraph 20E, 20F, 20G or 20I of Schedule 1 (applicable amounts) is applicable in respect of his partner, for a maximum of 4 weeks;

F374o

i

he is available for employment, or is treated as such, on the day he makes his claim for a jobseeker’s allowance; and

ii

the Secretary of State has directed that the prescribed time for claiming a jobseeker’s allowance be extended under regulation 19(6) of the Claims and Payments Regulations where the circumstances specified in regulation 19(7)(d) of those Regulations applied in relation to an entitlement to incapacity benefit or an entitlement to income support by virtue of paragraph 7 of Schedule 1B to the Income Support Regulations,

for the period of that extension.

F455p

if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6B)(a) or (c), for the period of any such temporary absence.

F798q

if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6AA) or, as the case may be, (6C).

2

A person, other than one to whom regulation 15 applies, shall be treated as available for employment in the following circumstances—

a

if there is a death or serious illness of a close relative or close friend of his;

b

if there is a domestic emergency affecting him or a close relative or close friend of his;

c

if there is a funeral of a close relative or close friend of his;

d

ii

protecting property of substantial value from imminent risk of serious damage or destruction, or

iii

assisting in measures being taken to prevent a serious threat to the health of the people,

as a member of a group of persons organised wholly or partly for the purpose of providing such assistance or, as the case may be, protection;

b

events which may give rise to an emergency include–

i

a fire, a flood or an explosion,

ii

a natural catastrophe,

iii

a railway or other transport accident,

iv

a cave or mountain accident,

v

an accident at sea,

vi

a person being reported missing and the organisation of a search for that person.

6

In paragraph (1), except in sub-paragraphs (i) and (j), and in paragraph (2), “week" means any period of 7 consecutive days.

Circumstances in which a person is not to be regarded as available15

A person shall not be regarded as available for employment in the following circumstances—

C2 C4 C7a

d

the availability and location of employment in that occupation.

3

A permitted period shall be for a minimum of one week and a maximum of 13 weeks and shall start on the date of claim and in this paragraph “week" means any period of 7 consecutive days.

Laid off and short-time workers17

1

A person who is laid off shall be treated as available for employment providing he is willing and able to resume immediately the employment from which he has been laid off and to take up immediately any casual employment which is within daily travelling distance of his home or, if he falls within paragraph (1) or (2) of regulation 5, at the time specified in that regulation.

2

F130a

A person who is kept on short-time shall be treated as available for employment, providing he is willing and able to resume immediately the employment in which he is being kept on short-time and to take up immediately any casual employment which is within daily travelling distance of his home or, if he falls within paragraph (1) or (2) of regulation 5, at the time specified in that regulation in the hours in which he is not working short-time but the total number of hours for which he works and is available for casual employment must be at least 40 in any week unless paragraph (b) or (c) applies;

b

F204The total number of hours for which a person kept on short-time works and is available for casual employment may be less than 40 in any week if that person has imposed restrictions on his availability which are reasonable in the light of his physical or mental condition;

c

The total number of hours for which a person kept on short-time works and is available for casual employment may be less than 40 in any week if he has caring responsibilities providing the total number of hours for which he works and is available for casual employment is as many as his caring responsibilities allow and for the specific hours those responsibilities allow and is at least 16 in any week;

3

A person shall not be treated as available for employment in accordance with this regulation for more than 13 weeks, starting with the day after the day he was laid off or first kept on short-time.

4

A person who is laid off or kept on short-time may not be treated as available for employment for a permitted period in accordance with regulation 16, unless he ceases to be laid off or kept on short-time within 13 weeks of the day on which he was laid off or first kept on short time, in which case he may be treated as available for employment for a permitted period ending a maximum of 13 weeks after the date of claim.

5

In paragraphs (3) and (4), “week" means any period of 7 consecutive days.

F296Further circumstances in which a person is to be treated as available: full-time students participating in a qualifying courseF29617A

1

A person to whom paragraph (2) applies shall, notwithstanding regulation 15(a), be treated as available for employment in accordance with paragraph (3).

2

This paragraph applies to a person—

a

who is aged 25 years or over; and

b

F310subject to paragraph (2A), who has made a claim for a jobseeker’s allowance and has been receiving benefit within a jobseeking period for not less than 2 years as at the date he started, or is due to start, the qualifying course and for the purposes of this paragraph the linking provision set out in regulation 48 shall apply.

F3082A

A person who has been receiving benefit in accordance with paragraph (b) of the definition of “receiving benefit” in paragraphs (7) shall, for the purposes of paragraph (2)(b), be treated as having received benefit within a jobseeking period.

3

Subject to paragraph (4), where an employment officer has determined, having regard to the factors specified in paragraph (5), that a person to whom paragraph (2) applies may undertake a qualifying course, that person shall be treated as available for employment in any week in which he is undertaking the qualifying course as a full-time student and—

a

which falls wholly or partly in term-time, providing he—

i

provides evidence, as often as may be required by an employment officer, within 5 days of being so required by the employment officer, consisting of a document signed by him and on behalf of the establishment at which he is undertaking the qualifying course, confirming that he is attending the establishment when required to attend, in such form as may be required by the employment officer; and

ii

provides evidence, as often as may be required by an employment officer, within 5 days of being so required by the employment officer, consisting of a document signed by him and on behalf of the establishment at which he is undertaking the qualifying course, confirming that he is making satisfactory progress on the course, in such form as may be required by the employment officer;

b

in which he is taking examinations relating to the qualifying course; or

c

which falls wholly in a vacation from the qualifying course, if he is willing and able to take up immediately any casual employment.

4

In a case where the combined duration of—

a

any qualifying course, other than one falling within paragraph (6), which a person to whom paragraph (2) applies has previously undertaken in respect of which he was, for any part of such qualifying course, treated as available for employment in accordance with paragraph (3); and

b

the qualifying course which he is currently undertaking

is more than 1 year, the person shall only be treated as available for employment in accordance with paragraph (3) if he has been receiving benefit within a jobseeking period for not less than 2 years since the last day of the most recent such qualifying course in respect of which he was, for any part, treated as available in accordance with paragraph (3), and for the purposes of this paragraph the linking provision set out in regulation 48 shall apply.

5

The factors which an employment officer must take into account when determining whether a person may undertake a qualifying course are—

a

the skills, qualifications and abilities of that person;

b

whether the course would assist him to acquire new skills and qualifications;

c

whether he would have to give up a course of study in order to undertake this course;

d

any needs arising from his physical or mental condition;

e

the time which has elapsed since he was last engaged in employment as an employed earner or as a self-employed earner;

f

his work experience;

g

the number of jobs in the labour market and, if relevant, the local labour market, which require the skills and qualifications which he would acquire on the course; and

h

any evidence about whether this course or this type of course has facilitated the obtaining by persons of work.

6

A qualifying course falls within this paragraph if the person had good cause for any act or omission for the purposes of section 19(5)(b) in relation to that course.

“benefit" means income support, unemployment benefit or a jobseeker’s allowance and “receiving benefit" means receiving benefit which that person has claimed and received as an unemployed person or in accordance with Part I of the Act;

“casual employment" means employment from which the employee can be released without his giving any notice or, if he is required to give notice, employment from which he can be released before the end of the vacation;

“duration" in relation to a qualifying course means the period beginning with the start of the course and ending with the last day of the course;

“jobseeking period" means the period described in regulation 47 and any period treated as a jobseeking period pursuant to regulation 47A;

“last day" in relation to a qualifying course means the date on which the last day of the course falls, or the date on which the final examination relating to that course is completed, whichever is the later;

“qualifying course" means a course which—

a

is an employment-related course;

b

lasts no more than 12 consecutive months; and

c

except where it falls within paragraph (8), is either—

i

a course of a description falling within Schedule 2 to the Further and Higher Education Act 1992; or

ii

programme of learning falling within section 6 of the Further and Higher Education (Scotland) Act 1992.

7

In this regulation—

F372“benefit” means

a
income support, unemployment benefit, a jobseeker’s allowance or any earnings credited to a person in accordance with regulation 8A or 9A of the Social Security (Credits) Regulations 1975 or which would be credited to a person in accordance with paragraph (1) of that regulation 9A but are not so credited by reason only of the fact that no further earnings are in his case required for the purpose mentioned in that paragraph; or
b
any earnings credited to a person for unemployment in accordance with regulation 9 of the Social Security (Credits) Regulations 1975 as it applied before 7th October 1996 and

“receiving benefit" means F307receiving–

a
benefit which that person has claimed and received as an unemployed person or in accordance with Part I of the Act F371or in accordance with regulation 9A of the Social Security (Credits) Regulations 1975; or
b
income support which that person has claimed and received as an asylum seeker pursuant to regulation 70(3A) of the Income Support Regulations but only to the extent that–
1. i
  any periods in respect of which he was in receipt of income support as an asylum seeker pursuant to regulation 70(3A) of the Income Support Regulations link with the jobseeking period which includes the date on which he started, or is due to start, the qualifying course and for this purpose, such periods shall link where they are separated by a period of 12 weeks or less in respect of which he was not in receipt of income support; and
2. ii
  he is, at the date he started, or is due to start, the qualifying course, a person to whom paragraph (7A) applies;

“duration" in relation to a qualifying course means the period beginning with the start of the course and ending with the last day of the course;

“jobseeking period" means the period described in regulation 47 and any period treated as a jobseeking period pursuant to regulation 47A;

“qualifying course" means a course which—

a

is an employment-related course;

b

lasts no more than 12 consecutive months; and

c

except where it falls within paragraph (8), is either—

i

a course of a description falling within Schedule 2 to the Further and Higher Education Act 1992;or

ii

a programme of learning falling within section 6 of the Further and Higher Education (Scotland) Act 1992

F3097A

Subject to paragraph (7B), this paragraph shall apply in the case of a person–

a

who–

i

is a refugee within the definition of Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967; or

ii

has been granted exceptional leave–

aa

to enter the United Kingdom by an immigration officer appointed for the purposes of the Immigration Act 1971; or

bb

to remain in the United Kingdom by the Secretary of State; and

b

who was in receipt of income support as an asylum seeker pursuant to regulation 70(3A) of the Income Support Regulations at any time during the period of 12 weeks immediately preceding the beginning of the jobseeking period which includes the date on which he started, or is due to start, the qualifying course.

F3097B

Paragraph (7A) shall include a person who has been recorded as a refugee by the Secretary of State within the definition in sub-paragraph (a) of that paragraph and whose claim for income support was determined in accordance with regulation 21ZA(2) or (3) of the Income Support Regulations (treatment of refugees).

8

A course or a programme of learning which is of a standard above that of a course or programme of learning falling within paragraph (c) of the definition of “qualifying course" falls within this paragraph if an employment officer so determines in a particular case.

Chapter III Actively Seeking Employment

Steps to be taken by persons actively seeking employment18

F8051

For the purposes of section 7(1) (actively seeking employment) a person shall be expected to have to take more than two steps in any week unless taking one or two steps is all that is reasonable for that person to do in that week.

2

Steps which it is reasonable for a person to be expected to have to take in any week include—

a

oral or written applications (or both) for employment made to persons—

i

who have advertised the availability of employment; or

ii

who appear to be in a position to offer employment;

b

seeking information on the availability of employment from—

i

advertisements;

ii

persons who have placed advertisements which indicate the availability of employment;

iii

employment agencies and employment businesses;

iv

employers;

c

registration with an employment agency or employment business;

d

appointment of a third party to assist the person in question in finding employment;

e

seeking specialist advice, following referral by an employment officer, on how to improve the prospects of securing employment having regard to that person’s needs and in particular in relation to any mental or physical limitations of that person;

f

drawing up a curriculum vitae;

g

seeking a reference or testimonial from a previous employer;

h

drawing up a list of employers who may be able to offer employment to him with a view to seeking information from them on the availability of employment;

i

seeking information about employers who may be able to offer employment to him;

j

seeking information on an occupation with a view to securing employment in that occupation.

3

In determining whether, in relation to any steps taken by a person, the requirements of section 7(1) are satisfied in any week, regard shall be had to all the circumstances of the case, including—

a

his skills, qualifications and abilities;

b

his physical or mental limitations;

c

the time which has elapsed since he was last in employment and his work experience;

d

the steps which he has taken in previous weeks and the effectiveness of those steps in improving his prospects of securing employment;

e

the availability and location of vacancies in employment;

f

any time during which he was—

i

engaged in the manning or launching of a lifeboat or in the performance of duty as a part-time member of a fire brigade or engaged during an emergency in duties for the benefit of others,

ii

attending an Outward Bound course,

iii

in the case of a blind person, participating in a course of training in the use of guide dogs,

iv

participating in training in the use of aids to overcome any physical or mental limitations of his in order to improve his prospects of securing employment,

v

engaged in duties as a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979F26,

vi

participating as a part-time student in an employment-related course,

vii

participating for less than 3 days in an employment or training programme for which a training allowance is not payable;

g

any time during which he was engaged in voluntary work and the extent to which it may have improved his prospects of securing employment;

h

whether he is treated as available for employment under regulation 14;

i

whether he has applied for, or accepted, a place on, or participated in, a course or programme the cost of which is met in whole or in part out of central funds or by the European Community and the purpose of which is to assist persons to select, train for, obtain or retain employed earner’s employment or self-employed earner’s employment; and

j

where he had no living accommodation in that week the fact that he had no such accommodation and the steps which he needed to take and has in fact taken to seek such accommodation.

4

Any act of a person which would otherwise be relevant for purposes of section 7 shall be disregarded in the following circumstances—

a

where, in taking the act, he acted in a violent or abusive manner,

b

where the act comprised the completion of an application for employment and he spoiled the application,

c

where by his behaviour or appearance he otherwise undermined his prospects of securing the employment in question,

unless those circumstances were due to reasons beyond his control.

5

In this regulation–

“employment agency" and “employment business" mean an employment agency or (as the case may be) employment business within the meaning of the Employment Agencies Act 1973F27;

“employment or training programme" means a course or programme the person’s participation in which is attributable to arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 F28 for the purpose of assisting persons to select, train for, obtain or retain employed earner’s employment.

F221Actively seeking employment in the period at the beginning of a claim18A

1

Paragraph (2) applies in any case F373, other than a case which falls within regulation 19(1)(i) or (s), where the period beginning on the date of claim and ending on the day before the beginning of the first week after the date of claim is less than 7 days.

2

Where this paragraph applies, a person is actively seeking employment in the period referred to in paragraph (1) if he takes in that period such steps as he can reasonably be expected to have to take in order to have the best prospects of securing employment and in determining whether a person has taken such steps—

a

the steps which it is reasonable for him to be expected to have to take include those referred to in regulation 18(2); and

b

regard shall be had to all the circumstances of the case, including those matters referred to in regulation 18(3).

Circumstances in which a person is to be treated as actively seeking employment19

1

A person shall be treated as actively seeking employment in the following circumstances, subject to paragraph (2) and to any maximum period specified in this paragraph—

a

in any week during which he is participating for not less than 3 days as a full-time student in an employment-related course where participation by him has been approved before the course started by an employment officer, for a maximum of 2 weeks and one such course in any period of 12 months;

b

in any week during which he is attending for not less than 3 days a residential work camp, for a maximum of 2 weeks and one such occasion in any period of 12 months;

c

in any week during which he is temporarily absent from Great Britain for not less than 3 days because he is taking a member of his family who is a child or young person abroad for treatment, for a maximum of 8 weeks;

d

in any week during which he is engaged for not less than 3 days in the manning or launching of a lifeboat or in the performance of duty as a part-time member of a fire brigade or engaged during an emergency in duties for the benefit of others;

e

if he is a member of a couple, in any week during which he is for not less than 3 days looking after a member of his family who is a child while the other member is temporarily absent from the United Kingdom, for a maximum of 8 weeks;

f

if he is following an Open University course, in any week during which he is attending for not less than 3 days, as a requirement of that course, a residential course, for a maximum of one week per course;

g

in any week during which he is for not less than 3 days temporarily looking after a child full-time because the person who normally looks after the child is ill or temporarily absent from home or the person is looking after a member of the family who is ill, for a maximum of 8 weeks;

h

in the first week after the date of claim if he is treated as available for employment to any extent in that week under regulation 14(1)(h);

F375i

for any period if he is treated as available for employment to any extent in that period under regulation 14(1)(h);

F131j

k

in any week during which he is participating for not less than 3 days in a programme provided by the Venture Trust in pursuance of an arrangement made by the Secretary of State for the Home Department with the Trust, for a maximum of 4 weeks and one such programme in any period of 12 months;

l

in any week during which he is for not less than 3 days treated as capable of work in accordance with regulation 55;

F799ll

in any week during which he is for not less than 3 days treated as capable of work in accordance with regulation 55A;

m

in any week during which he is temporarily absent from Great Britain for not less than 3 days in order to attend an interview for employment and has given notice to an employment officer, in writing if so required by the employment officer, that he will be so absent, for a maximum of 1 week;

n

if he is a member of a couple F459other than a joint-claim couple, in any week during which he and his partner are both absent from Great Britain for not less than 3 days and in which a premium referred to in paragraph 10, 11, 12, 13 or 15 of Schedule 1 (applicable amounts) is applicable in respect of his partner, for a maximum of 4 weeks;

F457nn

if he is a member of a joint-claim couple, in any week during which he and his partner are both absent from Great Britain for not less than 3 days and in which a premium referred to in paragraph 20E, 20F, 20G or 20I of Schedule 1 (applicable amounts) is applicable in respect of his partner, for a maximum of 4 weeks;

o

in any week during which he is treated as available for employment on not less than 3 days under regulation 14(2);

p

in any week in respect of which he has given notice to an employment officer, in writing if so required by the employment officer, that—

i

he does not intend to be actively seeking employment, but

ii

he does intend to reside at a place other than his usual place of residence for at least one day;

q

in any week during which he is participating for not less than 3 days in an employment or training programme for which a training allowance is not payable;

F288r

in any week, being part of a single period not exceeding 8 weeks falling within a period of continuous entitlement to a jobseeker’s allowance, during which he is taking active steps to establish himself in self-employed earner’s employment under any scheme for assisting persons to become so employed—

i

where, in Wales, his participation under the scheme is attributable to arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973

ii

where, in Scotland, the scheme—,

aa

is established by virtue of arrangements made by Scottish Enterprise or Highlands and Islands Enterprise under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 or

bb

is directly or indirectly provided by, or with financial assistance from, the Secretary of State,

iii

where, in England, the scheme is directly or indirectly provided by, or with financial assistance from, the Secretary of State, the Urban Regeneration Agency, an urban development corporation or a housing action trust,

and the single period referred to above shall begin with the week in which he is accepted on a place under the scheme.

F376s

for any period if he is treated as available for employment to any extent in that period under regulation 14(l)(o).

F458t

if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6B)(a) or (c), for the period of any such temporary absence.

F800u

if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6AA) or, as the case may be (6C).

2

In any period of 12 months a person shall be treated as actively seeking employment under paragraph (1)(p) only for the number of weeks specified in one of the following sub-paragraphs—

a

a maximum of 2 weeks; or

b

a maximum of 3 weeks during which he is attending for at least 3 days in each such week an Outward Bound course; or

c

if he is a blind person, a maximum of 6 weeks during which, apart from a period of no more than 2 weeks, he participates for a maximum period of 4 weeks in a course of training in the use of guide dogs of which at least 3 days in each such week is spent in that training.

3

In this regulation–

“employment or training programme" means a course or programme the person’s participation in which is attributable to arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 for the purpose of assisting persons to select, train for, obtain or retain employment;

“housing action trust" means a corporation established by an order of the Secretary of State pursuant to section 62(1) of the Housing Act 1988 F29;

“treatment" means treatment for a disease or bodily or mental disablement by or under the supervision of a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment;

“urban development corporation" means a corporation established by an order of the Secretary of State pursuant to section 135(1) of the Local Government, Planning and Land Act 1980 F30;

“Urban Regeneration Agency" means the agency referred to in section 158(1) of the Leasehold Reform, Housing and Urban Development Act 1993 F31.

a person is engaged in duties for the benefit of others while–

i

providing assistance to any person whose life may be endangered or who may be exposed to the risk of serious bodily injury or whose health may be seriously impaired,

ii

protecting property of substantial value from imminent risk of serious damage or destruction, or

iii

assisting in measures being taken to prevent a serious threat to the health of the people,

as a member of a group of persons organised wholly or partly for the purpose of providing such assistance or, as the case may be, protection;

b

events which may give rise to an emergency include–

i

a fire, a flood or an explosion,

ii

a natural catastrophe,

iii

a railway or other transport accident,

iv

a cave or mountain accident,

v

an accident at sea,

vi

a person being reported missing and the organisation of a search for that person.

Chapter IV Attendance, Information and Evidence

AttendanceF42423

A claimant shall attend at such place and at such time as an employment officer may specify by a notification which is given or sent to the claimant and which may be in writing, by telephone or by electronic means.

F447Attendance by members of a joint-claim couple23A

Each member of a joint-claim couple shall attend at such place and at such time as the employment officer may specify by a notification which is given or sent to that member and which may be in writing, by telephone or by electronic means.

Provision of information and evidence24

1

A claimant shall provide such information as to his circumstances, his availability for employment and the extent to which he is actively seeking employment as may be required by the Secretary of State in order to determine the entitlement of the claimant to a jobseeker’s allowance, whether that allowance is payable to him and, if so, in what amount.

F4601A

A member of a joint-claim couple shall provide such information as to the circumstances of each or either member of a couple, the availability for employment of each or either member of the couple and the extent to which each or either member of the couple is actively seeking employment as may be required by the Secretary of State in order to determine the entitlement of the couple to a jobseeker’s allowance, whether that allowance is payable to the couple and, if so, in what amount.

2

A claimant shall furnish such other information in connection with the claim, or any question arising out of it, as may be required by the Secretary of State.

3

Where–

a

a jobseeker’s allowance may be claimed by either member of a couple, or

b

entitlement to a jobseeker’s allowance or whether that allowance is payable and, if so, in what amount, is or may be affected by the circumstances of either member of a couple or any member of a polygamous marriage,

the Secretary of State may require the member of the couple other than the claimant to certify in writing whether he agrees to the claimant’s making the claim, or that he, or any member of a polygamous marriage, confirms the information given about his circumstancesF466, and in this paragraph “couple” does not include a joint-claim couple.

F4613A

Where entitlement to a joint-claim jobseeker’s allowance or whether that allowance is payable and, if so, in what amount, is or may be affected by the circumstances of any member of a polygamous marriage, the Secretary of State may require either member of the joint-claim couple to certify in writing that any member of the polygamous marriage confirms the information given about that member’s circumstances.

4

A claimant shall furnish such certificates, documents and other evidence as may be required by the Secretary of State for the determination of the claim.

5

A claimant shall furnish such certificates, documents and other evidence affecting his continuing entitlement to a jobseeker’s allowance, whether that allowance is payable to him and, if so, in what amount as the Secretary of State may require.

F4625A

A member of a joint-claim couple shall furnish such certificates, documents and other evidence affecting the continuing entitlement of the couple to a jobseeker’s allowance, whether that allowance is payable to the couple and, if so, in what amount as the Secretary of State may require.

6

2

In this regulation, “an employment programme" and “a training scheme" have the meaning given in regulation 75.

Time at which entitlement is to cease26

Entitlement to a jobseeker’s allowance shall cease in accordance with regulation 25 on whichever is the earlier of—

a

the day after the last day in respect of which F472that claimant has provided information or evidence which F134shows that he continues to be entitled to a jobseeker’s allowance,

b

if F135regulation 25(1)(a) or (b) applies, the day on which he was required to attend, and

c

if F136regulation 25(1)(c) applies, the day on which he ought to have provided the signed declaration,

provided that it shall not cease earlier than the day after he last attended in compliance with a F428notification under regulation 23 F471or 23A.

Where entitlement is not to cease27

1

Entitlement to a jobseeker’s allowance shall not cease if F473a claimant shows, before the end of the fifth working day after the day on which he failed to comply with a F429notification under regulation 23 F474or 23A or to provide a signed declaration in accordance with regulation 24, that he had good cause for the failure.

2

In this regulation, “working day" means any day on which the appropriate office is not closed.

Matters to be taken into account in determining whether a claimant has good cause for failing to comply with a notice under regulation 2328

1

Subject to regulation 30, in determining, for the purposes of regulation 27, whether a claimant has good cause for failing to comply with a F430notification under regulation 23 F475or 23A the matters which are to be taken into account shall include the following—

a

whether the claimant misunderstood the requirement on him due to any learning, language or literacy difficulties of the claimant or any misleading information given to the claimant by an employment officer;

b

whether the claimant was attending a medical or dental appointment, or accompanying a person for whom the claimant has caring responsibilities to such an appointment, and whether it would have been unreasonable, in the circumstances, to rearrange the appointment;

c

e

the action which the claimant will take–

i

to seek employment; and

ii

to improve his prospects of finding employment;

f

the dates of the start and of the finish of any permitted period in his case for the purposes of sections 6(5) and 7(5);

g

a statement of the claimant’s right–

i

to have a proposed jobseeker’s agreement referred to F352the Secretary of State;

ii

to seek a F353revision or supersession of any determination of, or direction given by, F352the Secretary of State; and

iii

to appeal to a F354an appeal tribunal against any determination of, or direction given by, F352the Secretary of StateF355following a revision or supersession .

h

the date of the agreement.

Back-dating of a Jobseeker’s Agreement F332...32

In giving a direction under section 9(7)(c), F356the Secretary of State shall take into account all relevant matters including—

a

where the claimant refused to accept the agreement proposed by the employment officer, whether he was reasonable in so refusing;

b

where the claimant has signified to the employment officer or to F356the Secretary of State that the claimant is prepared to accept an agreement which differs from the agreement proposed by the employment officer, whether the terms of the agreement which he is prepared to accept are reasonable;

c

where the claimant has signified to the employment officer or to F356the Secretary of State that the claimant is prepared to accept the agreement proposed by the employment officer, that fact;

d

the date on which, in all the circumstances, he considers that the claimant was first prepared to enter into an agreement which F356the Secretary of State considers reasonable; and

e

where the date on which the claimant first had an opportunity to sign a jobseeker’s agreement was later than the date on which he made a claim, that fact.

Notification of Determinations and Directions under Section 933

The claimant shall be notified of—

a

any determination of F357the Secretary of State under section 9;

b

any direction given by F357the Secretary of State under section 9.

Jobseeker’s Agreement treated as having been made34

A claimant is to be treated as having satisfied the condition mentioned in section 1(2)(b)—

a

where he is permitted to make a claim for a jobseeker’s allowance without attending at an office of the F654Department for Work and Pensions, for the period beginning with the date of claim and ending on the date on which he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement;

b

where, after the date of claim, the claim is terminated before he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement;

c

as long as he is treated as available for employment in accordance with regulation 14 where the circumstances set out in that regulation arise after the date of claim and before he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement;

d

as long as there are circumstances not peculiar to the claimant which make impracticable or unduly difficult the normal operation of the provisions governing, or the practice relating to, the claiming, awarding or payment of jobseeker’s allowance.

F205e

where the claimant was in receipt of a training allowance and was, in accordance with regulation 170, entitled to an income-based jobseeker’s allowance without being available for employment, having entered into a jobseeker’s agreement or actively seeking employment, for the period beginning with the date on which regulation 170 ceased to apply to him and ending on the date on which he has an interview with an employment officer for the purpose of drawing up a jobseeker’s agreement.

F477f

if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6B)(a) or (c), for the period of any such temporary absence.

Automatic Back-dating of Jobseeker’s Agreement35

Where a jobseeker’s agreement is signed on a date later than the date of claim and there is no reference of that agreement to F358the Secretary of State under section 9(6), the agreement shall be treated as having effect on the date of claim.

Jobseeker’s Agreement to remain in effect36

A jobseeker’s agreement entered into by a claimant shall not cease to have effect on the coming to an end of an award of a jobseeker’s allowance made to him—

a

where a further claim for a jobseeker’s allowance is made within a period not exceeding 14 days; or

F137b

in respect of any part of a period of suspension, where—

i

the Secretary of State has directed under regulation 37(1A) of the Claims and Payments Regulations that payment under an award be suspended for a definite or indefinite period on the ground that a question arises whether the conditions for entitlement to that allowance are or were fulfilled or the award ought to be revised,

ii

subsequently that suspension expires or is cancelled in respect of a part only of the period for which it has been in force, and

iii

it is then determined that the award should be revised to the effect that there was no entitlement to the allowance in respect of all or any part of the period between the start of the period over which the award has been suspended and the date when the suspension expires or is cancelled; or

c

for as long as the claimant satisfies the conditions of entitlement to national insurance credits, other than any condition relating to the existence of a jobseeker’s agreement, in accordance with the Social Security (Credits) Regulations 1975F32.

Variation of Jobseeker’s Agreement37

The prescribed manner for varying a jobseeker’s agreement shall be in writing and signed by both parties in accordance with section 10(2) on the proposal of the claimant or the employment officer.

Direction to vary Agreement: time for compliance38

The prescribed period for the purposes of section 10(6)(c) shall be the period of 21 days beginning with the date on which the direction was issued.

Variation of Agreement: matters to be taken into account39

In giving a direction under section 10(6)(b) or (d) F359the Secretary of State shall take into account the preference of the claimant if he considers that both the claimant’s proposals and those of the employment officer satisfy the requirements of section 10(5).

Notification of Determinations and Directions under Section 1040

The claimant shall be notified of—

a

any determination of F360the Secretary of State under section 10;

b

any direction of F360the Secretary of State under section 10.

Procedure for ReviewsF33341

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals to Social Security Appeal TribunalF33342

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Direction of Social Security Appeal Tribunal: time limit for complianceF33343

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals to the CommissionerF33344

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appropriate personF33345

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART III OTHER CONDITIONS OF ENTITLEMENT

Waiting Days46

1

Paragraph 4 of Schedule 1 to the Act shall not apply in a case where–

a

a person’s entitlement to a jobseeker’s allowance commences within 12 weeks of an entitlement of his to income support, incapacity benefit or F696carer’s allowance coming to an end; or

b

a claim for a jobseeker’s allowance falls to be determined by reference to section 3(1)(f)(ii) (persons under the age of 18)F478; or

F479c

a joint-claim couple are entitled to a joint-claim jobseeker’s allowance in respect of themselves and that paragraph of that Schedule has already applied to one member of that couple in respect of a jobseeking period which is linked to a jobseeking period relating to that member which has commenced by virtue of his having claimed a jobseeker’s allowance as a member of that couple;

d

a joint-claim couple have claimed a jobseeker’s allowance jointly within 12 weeks of either member of that couple being entitled to a jobseeker’s allowance, income support, incapacity benefit or F696 carer’s allowance;

e

a member of a joint-claim couple is both in receipt of a training allowance and the nominated member for the purposes of section 3B.

2

In the case of a person to whom paragraph 4 of Schedule 1 to the Act applies, the number of days is F3157.

Jobseeking Period47

1

For the purposes of the Act, but subject to paragraphs (2) and (3), the “jobseeking period" means any period throughout which the claimant satisfies or is treated as satisfying the conditions specified in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section 1 (conditions of entitlement to a jobseeker’s allowance).

2

Any period in which–

a

a claimant does not satisfy any of the requirements in section 1(2)(a) to (c), and

b

a jobseeker’s allowance is payable to him in accordance with Part IX (Hardship), F480or, where the claimant is a member of a joint-claim couple, a jobseeker’s allowance is payable in accordance with Part IXA (hardship)

shall, for the purposes of paragraph (1), be treated as a period in which the claimant satisfies the conditions specified in paragraphs (a) to (c) of subsection (2) of section 1.

F2152A

Any period in which a claimant is entitled to a jobseeker’s allowance in accordance with regulation 11(3) of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995 shall, for the purposes of paragraph (1), be treated as a period in which he satisfies the conditions specified in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section 1.

3

The following periods shall not be, or be part of, a jobseeking period–

a

any period in respect of which no claim for a jobseeker’s allowance has been made or treated as made;

b

such period as falls before the day on which a claim for a jobseeker’s allowance is made or treated as made F316...;

c

where a claim for a jobseeker’s allowance has been made or treated as made but no entitlement to benefit arises in respect of a period before the date of claim by virtue of section 1(2) of the Administration Act (limits for backdating entitlement), that period;

d

where–

i

a claimant satisfies the conditions specified in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section 1; and

ii

entitlement to a jobseeker’s allowance ceases in accordance with regulation 25 (entitlement ceasing on a failure to comply),

the period beginning with the date in respect of which, in accordance with regulation 26, entitlement ceases and ending with the day before the date in respect of which the claimant again becomes entitled to a jobseeker’s allowance; or

e

any week in which a claimant is not entitled to a jobseeker’s allowance in accordance with section 14 (trade disputes).

F331f

subject to regulation 2A, any period in respect of which the claimant is not entitled to a jobseeker’s allowance because section 1(1A) of the Administration Act (requirement to state national insurance number) applies.

4

For the purposes of section 5 (duration of a contribution-based jobseeker’s allowance) any day—

a

which falls within a jobseeking period F138and either;

F139b

i

on which the claimant satisfies the conditions specified in section 2 (the contribution-based conditions) other than the conditions specified in subsection (1)(c) and (d) of that section; and

ii

on which a contribution-based jobseeker’s allowance is not payable to the claimant by virtue of section 19 F481or on which the claimant is a member of a joint-claim couple and a joint-claim jobseeker’s allowance is not payable or is reduced because he is subject to sanctions by virtue of section 20A F622or by virtue of a restriction imposed pursuant to section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 F624or section 7, 8 or 9 of the Social Security Fraud Act 2001 (loss of benefit provisions); or

c

which falls within a period which is treated as a period in which the claimant satisfies the conditions specified in paragraphs (a) to (c) of subsection (2) of section 1, in accordance with paragraph (2),

shall be treated as if it was a day in respect of which he was entitled to a contribution-based jobseeker's allowance.

F206Jobseeking periods: periods of interruption of employment 47A

F2801

For the purposes of section 2(4)(b)(i) and for determining any waiting days—

F259za

where a linked period commenced before 7th October 1996F281..., any days of unemployment which form part of a period of interruption of employment where the last day of unemployment in that period of interruption of employment was no more than 8 weeks before the date upon which that linked period commenced;

a

where a jobseeking period or a linked period commences on 7th October 1996, any period of interruption of employment ending within the 8 weeks preceding the day the jobseeking period or linked period commenced,

b

where a jobseeking period or a linked period commences after 7th October 1996, any period of interruption of employment ending within the 12 weeks preceding that date,

shall be treated as a jobseeking period F260and, for the purposes of paragraph (za), a day shall be treated as being, or not being, a day of unemployment in accordance with section 25A of the Social Security Contributions and Benefits Act 1992 and with any regulations made under that section, as in force on 6th October 1996.

F2822

In paragraph (1) “period of interruption of employment" in relation to a period prior to 7th October 1996 has the same meaning as it had in the Benefits Act by virtue of section 25A of that Act (determination of days for which unemployment benefit is payable) as in force on 6th October 1996.

Linking Periods48

1

For the purposes of the Act, two or more jobseeking periods shall be treated as one jobseeking period where they are separated by a period comprising only—

a

any period of not more than 12 weeks;

b

linked period;

c

any period of not more than 12 weeks falling between–

i

any two linked periods; or

ii

a jobseeking period and a linked period;

F140d

a period in respect of which the claimant is summoned for jury service and is required to attend court.

2

Linked periods for the purposes of the Act are any of the following periods–

a

to the extent specified in paragraph (3), any period throughout which the claimant is entitled to F697aF697carer’s allowance under section 70 of the Benefits Act;

b

any period throughout which the claimant is incapable of work, or is treated as incapable of work, in accordance with Part XIIA of the Benefits Act F33;

c

any period throughout which the claimant was entitled to a maternity allowance under section 35 of the Benefits Act;

d

any period throughout which the claimant was engaged in training for which a training allowance is payable.

F217e

a period which includes 6th October F2281996 during which the claimant attends court in response to a summons for jury service and which was immediately preceded by a period of entitlement to unemployment benefit.

F265f

any period throughout which the claimant was participating—

i

in the F674Self-Employed Employment Option of the New Deal as specified in regulation 75(1)(a)(ii)(aa);

F580ii

in the Voluntary Sector Option of the New Deal specified in regulation 75(1)(a)(ii)(bb), in the Environment Task Force Option of the New Deal specified in regulation 75(1)(a)(ii)(cc), in the Intensive Activity Period specified in regulation 75(1)(a)(iv) or in the Intensive Activity Period for 50 plus and was not entitled to a jobseeker’s allowance because, as a consequence of his participation, the claimant was engaged in remunerative work or failed to satisfy the condition specified either in section 2(1)(c) or in section 3(1)(a).

F390g

any period throughout which the claimant was participating in an employment zone programme and was not entitled to a jobseeker’s allowance because, as a consequence of his participation in that programme, he was engaged in remunerative work or failed to satisfy the condition specified in section 2(1)(c) or in section 3(1)(a).

F2162A

A period is a linked period for the purposes of section 2(4)(b)(ii) of the Act only where it ends within 12 weeks or less of the commencement of a jobseeking period or of some other linked period.

3

A period of entitlement to F697carer’s allowance shall be a linked period only where it enables the claimant to satisfy contribution conditions for entitlement to a contribution-based jobseeker’s allowance which he would otherwise be unable to satisfy.

Persons approaching Retirement and the Jobseeking Period49

1

F482Subject to paragraph (5), the provisions of this regulation apply only to days which fall–

a

after 6th October 1996; and

b

within a tax year in which the claimant has attained the age of 60 but is under pensionable age,

and in respect of which a jobseeker’s allowance is not payable because the decision of the determining authority is that the claimant—

i

has exhausted his entitlement to a contribution-based jobseeker’s allowance; or (ii) fails to satisfy one or both the contribution conditions specified in section 2(1)(a) and (b); or

iii

is entitled to a contribution-based jobseeker’s allowance but the amount payable is reduced to Nil by virtue of deductions made in accordance with regulation 81 for pension payments.

F1412

For the purposes of paragraph (1) of regulation 47 (jobseeking period) but subject to paragraphs (3) and (4), any days to which paragraph (1) applies and in respect of which the person does not satisfy or is not treated in accordance with regulation 14, 16, 17, 19, 20, 21 or 34 as satisfying the conditions specified in paragraphs (a) to (c) of subsection (2) of section 1 (conditions of entitlement to a jobseeker’s allowance), shall be days on which the person is treated as satisfying the condition in paragraphs (a) to (c) and (e) to (i) of subsection (2) of section (1).

3

Where a person–

F142a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

is employed as an employed earner or a self-employed earner for a period of more than 12 weeks, then no day which falls within or follows that period shall be days on which the person is treated as satisfying those conditions so however that this paragraph shall not prevent paragraph (2) from again applying to a person who makes a claim for a jobseeker’s allowance after that period.

4

Any day which is, for the purposes of section 30C of the Benefits Act F34, a day of incapacity for work falling within a period of incapacity for work shall not be a day on which the person is treated as satisfying the conditions referred to in paragraph (2).

F4835

This regulation shall not apply in respect of any days in respect of which a joint-claim jobseeker’s allowance has been claimed.

pursuant to arrangements made under paragraph 13 of Schedule 2 to the National Health Service and Community Care Act 1990 (National Health Service Trusts – specific powers).

F4846A

A member of a joint-claim couple shall be treated, for the purposes of the Act, as being in Great Britain where he is a member of a transitional case couple as defined for the purposes of paragraph 8A(2) of Schedule 1 to the Act and, as at the date on which Schedule 7 to the Welfare Reform and Pensions Act 1999 comes into force—

a

he is temporarily absent from Great Britain; or

b

he has made definite arrangements to be temporarily absent from Great Britain from some future date,

and that member shall be so treated during any such period of temporary absence from Great Britain.

6B

A member of a joint-claim couple shall be treated, for the purposes of the Act, as being in Great Britain during any period of temporary absence from Great Britain—

a

not exceeding 4 weeks where he is in Northern Ireland and the period of absence is unlikely to exceed 52 weeks;

b

not exceeding 4 weeks where he is in receipt of a training allowance during the period of absence and regulation 170 applies in his case; or

c

not exceeding 7 days where the absence is for the purpose of attending an interview for employment,

where that member is so temporarily absent as at the date of claim by the other member of that couple.

F8026C

For the purposes of the Act a member of a joint-claim couple (“the first member”) shall be treated as being in Great Britain during any period of temporary absence if—

a

he and the other member of that couple were entitled to a joint-claim jobseeker’s allowance immediately before the beginning of that period of temporary absence; and

b

that period of temporary absence is for the purpose of the first member receiving treatment at a hospital or other institution outside Great Britain where that treatment is being provided—

i

under section 3 of the National Health Service Act 1977;

ii

pursuant to arrangements made under section 23 of that Act; or

iii

pursuant to arrangements made under paragraph 13 of Schedule 2 to the National Health Service and Community Care Act 1990.

7

In this regulation–

“appropriately qualified" means qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment;

“employment officer" means a person who is an employment officer for the purposes of sections 9 and 10.

Remunerative Work51

1

For the purposes of the Act “remunerative work" means–

a

in the case of F485a claimant, work in which he is engaged or, where his hours of work fluctuate, is engaged on average, for not less than 16 hours per week; and

b

in the case of any partner of the claimant, work in which he is engaged or, where his hours of work fluctuate, is engaged on average, for not less than 24 hours per week F145and;

c

in the case of a non-dependant, or of a child or young person to whom paragraph 18 of Schedule 6 refers, work in which he is engaged or, where his hours of work fluctuate, is engaged on average, for not less than 16 hours per week,

and for those purposes, F229“work” is work for which payment is made or which is done in expectation of payment.

2

For the purposes of paragraph (1), the number of hours in which F486a claimant or his partner is engaged in work shall be determined—

a

where no recognisable cycle has been established in respect of a person’s work, by reference to the number of hours or, where those hours are likely to fluctuate, the average of the hours, which he is expected to work in a week;

b

where the number of hours for which he is engaged fluctuate, by reference to the average of hours worked over—

i

if there is a recognisable cycle of work, and sub-paragraph (c) does not apply, the period of one complete cycle (including, where the cycle involves periods in which the person does not work, those periods but disregarding any other absences);

ii

in any other case, the period of five weeks immediately before the date of claim or the date of F361suppression, or such other length of time as may, in the particular case, enable the person’s average hours of work to be determined more accurately;

c

where the person works at a school or other educational establishment or at some other place of employment and the cycle of work consists of one year but with school holidays or similar vacations during which he does no work, by disregarding those periods and any other periods in which he is not required to work.

3

In determining in accordance with this regulation the number of hours for which a person is engaged in remunerative work—

a

that number shall include any time allowed to that person by his employer for a meal or for refreshments, but only where the person is, or expects to be, paid earnings in respect of that time;

b

no account shall be taken of any hours in which the person is engaged in an employment or scheme to which any one of paragraphs (a) to (h) of regulation 53 (person treated as not engaged in remunerative work) applies;

c

no account shall be taken of any hours in which the person is engaged otherwise than in an employment as an earner in caring for—

i

a person who is in receipt of attendance allowance F143... or the care component of disability living allowance at the highest or middle rate; or

ii

a person who has claimed an attendance allowance F144... or a disability living allowance, but only for the period beginning with the date of claim and ending on the date the claim is determined or, if earlier, on the expiration of the period of 26 weeks from the date of claim; or

iii

another person F149and is in receipt of F698aF698carer’s allowance under Section 70 of the F146Benefits Act or;

iv

a person who has claimed either attendance allowance or disability living allowance and has an award of attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act for a period commencing after the date on which that claim was made.

4

In the case of a person to whom regulation 22 of the Income Support (General) Amendment No.4 Regulations 1991 F35 would have applied had he been entitled to income support and not a jobseeker’s allowance, paragraph (1)(a) shall have effect as if for the reference to 16 hours there was substituted a reference to 24 hours.

5

In determining for the purposes of paragraph (4) whether regulation 22 of the 1991 Regulations applies, regulations 23 and 24 of those Regulations shall have effect as if the references to income support included also a reference to income-based jobseeker’s allowance.

Persons treated as engaged in remunerative work52

1

Except in the case of a person on maternity leaveF685, paternity leave, adoption leave or absent from work through illness, a person shall be treated as engaged in remunerative work during any period for which he is absent from work referred to in regulation 51(1) (remunerative work) where the absence is either without good cause or by reason of a recognised, customary or other holiday.

2

For the purposes of an income-based jobseeker’s allowance F487but not a joint-claim jobseeker’s allowance, the partner of a claimant shall be treated as engaged in remunerative work where—

a

the partner is or was involved in a trade dispute; and

b

had the partner claimed a jobseeker’s allowance, section 14 (trade disputes) would have applied in his case; and

c

the claimant was not entitled to an income-based jobseeker’s allowance when the partner became involved in the trade dispute;

and shall be so treated for a period of 7 days beginning on the date the stoppage of work at the partner’s place of employment commenced, or if there was no stoppage of work, the date on which the partner first withdrew his labour in furtherance of the trade dispute.

F4882A

For the purposes of a joint-claim jobseeker’s allowance, a member of a joint-claim couple shall be treated as engaged in remunerative work where—

a

he is or was involved in a trade dispute;

b

had the joint-claim couple of which he is a member claimed a jobseeker’s allowance jointly, section 14 (trade disputes) would have applied in the case of one or both members of that couple; and

c

the joint-claim couple were not entitled to a joint-claim jobseeker’s allowance when that member of the joint-claim couple became involved in the trade dispute,

and shall be so treated for a period of 7 days beginning on the date the stoppage of work commenced at that member’s place of employment or, if there was no stoppage of work, the date on which that member first withdrew his labour in furtherance of the trade dispute.

3

A person who was, or was treated as being, engaged in remunerative work and in respect of that work earnings to which F147regulation 98(1)(b) and (c) (earnings of employed earners) applies are paid, shall be treated as engaged in remunerative work for the period for which those earnings are taken into account in accordance with Part VIII.

F5814

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5815

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5816

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons treated as not engaged in remunerative workC953

A person shall be treated as not engaged in remunerative work in so far as—

a

he is engaged by a charity or a voluntary organisation or is a volunteer where the only payment received by him or due to be paid to him is a payment which is to be disregarded under regulation 103(2) and paragraph 2 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings);

b

he is engaged on a scheme for which a training allowance is being paid;

F433bb

he is receiving assistance F788under the self-employment route;

F829c

a person who—

i

is in employment;

ii

lives in, or is temporarily absent from a care home, an Abbeyfield Home or an independent hospital; and

iii

requires personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness.

d

he is engaged in employment as–

i

~~F822a part-time member of a fire brigade maintained in pursuance of the Fire Services Acts 1947 to 1959;~~

F844ia

a part-time fire-fighter employed by a fire and rescue authority;

ia

F808a part-time fire-fighter employed by a fire and rescue authority;

F821ib

a part-time fire-fighter employed by a fire and rescue authority (as defined in section 1 of the Fire (Scotland) Act 2005 (asp 5)) or a joint fire and rescue board constituted by an amalgamation scheme made under section 2(1) of that Act;

ii

an auxiliary coastguard in respect of coastal rescue activities;

iii

a person engaged part-time in the manning or launching of a lifeboat;

iv

a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979F36;

he is engaged in an activity in respect of which—

i

a sports award had been made, or is to be made, to him; and

ii

no other payment is made or is expected to be made to him.

Relevant education54

1

Only full-time education which is undertaken by a child or young person and which is not a course of advanced education shall be treated as relevant education for the purposes of the Act.

F9012

A child or young person shall be treated as receiving full-time education where he is a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person).

3

A young person who–

a

is a part-time student; and

b

before he became a part-time student fulfilled the requirements specified for a person falling within paragraph (2) of regulation 11 (part-time students); and

c

is undertaking a course of study, other than a course of advanced education or a course of study of a kind specified in head (i), (ii) or (iii) of the definition of “full-time student" in regulation 1(3),

shall not be treated as receiving relevant education.

4

A young person to whom paragraph (3) applied and who has completed or terminated his course of part-time study shall not be treated as receiving relevant education.

F2665

A young person who is participating in the Full-Time Education and Training Option of the New Deal as specified in regulation 75(1)(b)(ii) shall not be treated as receiving relevant education.

Short periods of sickness55

1

Subject to the following provisions of this regulation, a person who–

a

F150has been awarded a jobseeker’s allowance or is a person to whom any of the circumstances mentioned in section 19(5) or (6) F490or 20A(2) apply; and

b

proves to the satisfaction of F362the Secretary of State that he is unable to work on account of some specific disease or disablement; and

c

but for his disease or disablement, F151would satisfy the requirements for entitlement to a jobseeker’s allowance other than those specified in section 1(2)(a), (c) and (f) (available for and actively seeking employment, and capable of work),

shall be treated for a period of not more than 2 weeks as capable of work, except where the claimant states in writing that for the period of his disease or disablement he proposes to claim or has claimed incapacity benefit, severe disablement allowance or income support.

2

The evidence which is required for the purposes of paragraph (1)(b) is a declaration made by the claimant in writing, in a form approved for the purposes by the Secretary of State, that he has been unfit for work from a date or for a period specified in the declaration.

3

The preceding provisions of this regulation shall not apply to a claimant on more than two occasions in any one jobseeking period or where a jobseeking period exceeds 12 months, in each successive 12 months within that period and for the purposes of calculating any period of 12 months, the first 12 months in the jobseeking period commences on the first day of the jobseeking period.

4

The preceding provisions of this regulation shall not apply to any person where the first day in respect of which he is unable to work falls within 8 weeks of—

a

an entitlement of his to incapacity benefit, severe disablement allowance or statutory sick pay; or

b

an entitlement to income support where the person claiming a jobseeker’s allowance satisfied the requirements for a disability premium by virtue of paragraph 12(1)(b) of Schedule 2 to the Income Support Regulations.

F8035

The preceding provisions of this regulation shall not apply to a claimant who is temporarily absent from Great Britain in the circumstances prescribed by regulation 50(6AA) or, as the case may be, (6C).

F796Periods of sickness and persons receiving treatment outside Great Britain55A

1

A person—

a

who has been awarded a jobseeker’s allowance, a joint-claim jobseeker’s allowance or is a person to whom any of the circumstances mentioned in section 19(5) or (6) or 20A(2) apply; and

b

who is temporarily absent from Great Britain in the circumstances prescribed by regulation 50(6AA) or, as the case may be, (6C); and

c

who proves to the satisfaction of the Secretary of State that he is unable to work on account of some specific disease or disablement; and

d

but for his disease or disablement, would satisfy the requirements for entitlement to a jobseeker’s allowance other than those specified in section 1(2)(a), (c) and (f) (available for and actively seeking employment and capable of work),

shall be treated during that period of temporary absence abroad as capable of work, except where that person has stated in writing before that period of temporary absence abroad begins that immediately before the beginning of the period of that temporary absence abroad he has claimed incapacity benefit, severe disablement allowance or income support.

2

The evidence which is required for the purposes of paragraph (1)(c) is a declaration made by that person in writing, in a form approved for the purposes by the Secretary of State, that he will be unfit for work from a date or for a period specified in the declaration.

Prescribed amount of earnings56

1

The prescribed amount of earnings for the purposes of section 2(1)(c) (the contribution-based conditions) shall be calculated by applying the formula—

(A + D) - £ 0.01

where—A is the age-related amount applicable to the claimant in accordance with section 4(2); and

D is any amount disregarded from the claimant’s earnings in accordance with regulation 99(2) (calculation of net earnings of employed earners) or regulation 101(2) (calculation of net profit of self-employed earners) and Schedule 6.

2

For the avoidance of doubt in calculating the amount of earnings in accordance with paragraph (1), only the claimant’s earnings shall be taken into account.

PART IV YOUNG PERSONS

Interpretation of Part IV57

1

In this Part–

“the Careers Service" means a person of any description with whom the Secretary of State has made an arrangement under section 10(1) of the Employment and Training Act 1973 F38 and any person to whom he has given a direction under section 10(2) of that Act;

F902“child benefit extension period” means the extension period within the meaning of regulation 5(3) of the Child Benefit (General) Regulations 2006 (extension period: 16 and 17 year olds).

“chronically sick or mentally or physically disabled" has the same meaning as in regulation 13(3)(b) of the Income Support Regulations (circumstances in which persons in relevant education may be entitled to income support);

F575“the Connexions Service” means a person of any description with whom the Secretary of State has made an arrangement under section 114(2)(a) of the Learning and Skills Act 2000 and section 10(1) of the Employment and Training Act 1973 and any person to whom he has given a direction under section 114(2)(b) of the Learning and Skills Act 2000 and section 10(2) of the Employment and Training Act 1973;

“full-time education" has the same meaning as in regulation 1 of the Child Benefit (General) Regulations 1976 F39;

“suitable training" means training which is suitable for that young person in vocationally relevant respects, namely his personal capacity, aptitude, his preference, the preference of the training provider, the level of approved qualification aimed at, duration of the training, proximity and prompt availability of the training;

“training" in sections 3, 16 and 17 and in this Part except in regulation 65 read with section 7 and except in the phrase—

“suitable training", means training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible F568secured by the Learning and Skills Council for England or by the F874National Assembly for Wales and, in Scotland, provided, directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name);

F619“young person” means a person—

a
who has reached the age of 16 but not the age of 18;
b
who does not satisfy the conditions in section 2 or whose entitlement to a contribution-based jobseeker’s allowance has ceased as a result of section 5(1); and
c
who is not a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies

a

a person who falls under any of the following paragraphs of Schedule 1B to the Income Support Regulations F42

Paragraph 1	(lone parents)
Paragraph 2	(single person looking after foster children)
Paragraph 3	(persons temporarily looking after another person)
Paragraph 4	(persons caring for another person)
Paragraph 10	(disabled students)
Paragraph 11
Paragraph 12
Paragraph 13	(blind persons)
Paragraph 14	(pregnancy)
Paragraph 15	(persons in education)
Paragraph 18	(refugees)
Paragraph 21	(persons from abroad)
Paragraph 23	(member of couple looking after children while other member temporarily abroad)
Paragraph 28	(persons in receipt of a training allowance);

b

a person who is a member of a couple and is treated as responsible for a child who is a member of his household;

c

a person who is laid off or kept on short-time, who is available for employment in accordance with section 6 and Chapter II of Part II read with regulation 64 and who has not been laid off or kept on short-time for more than 13 weeks;

d

a person who is temporarily absent from Great Britain because he is taking a member of his family who is a child or young person abroad for treatment, and who is treated as being in Great Britain in accordance with regulation 50(1)(b) or whose entitlement to income support is to continue in accordance with regulation 4(3) of the Income Support Regulations and who is not claiming a jobseeker’s allowance or income support;

e

a person who is incapable of work and training by reason of some disease or bodily or mental disablement if, in the opinion of a medical practitioner, that incapacity is unlikely to end within 12 months because of the severity of that disease or disablement.

F491 Young persons to whom section 3(1)(f)(iii) or 3A(1)(e)(ii) applies58

For the period specified in relation to him, a young person to whom regulation 59, 60 or 61 applies shall be regarded as a person within prescribed circumstances for the purposes of section 3(1)(f)(iii) or section 3A(1)(e)(ii) (conditions of entitlement for certain persons under the age of 18).

For the period specified in relation to him in paragraph (2), this regulation applies to a young person—

a

who is a person who is laid off or kept on short-time and is available for employment in accordance with section 6 and Chapter II of Part II read with regulation 64;

b

who is a member of a couple and is treated as responsible for a child who is a member of his household;

c

who falls within a prescribed category of persons for the purposes of section 124(1)(e) of the Benefits Act F46 and who is not claiming income support;

d

to whom section 3(1)(f)(ii) F492or section 3A(1)(e)(i) does not apply, who is a person falling within paragraph (2) of regulation 57, sub-paragraph (a) or (b) of paragraph (1) of regulation 60 or sub-paragraph (b) or (c) and who is unable to register with the Careers Service F576or the Connexions Service because of an emergency affecting the Careers Service F576or the Connexions Service and registers with the Employment Service in accordance with regulation 62(2);

e

to whom section 3(1)(f)(ii) F492or section 3A(1)(e)(i) does not apply, who is a person falling within paragraph (2) of regulation 57, sub-paragraph (a) or (b) of paragraph (1) of regulation 60 or sub-paragraph (b) or (c) and who would suffer hardship because of the extra time it would take him to register with the Careers Service F576or the Connexions Service and registers with the Employment Service in accordance with regulation 62(3);

f

who has accepted a firm offer of enlistment by one of the armed forces with a starting date not more than 8 weeks after the offer was made who was not in employment or training at the time of that offer and whose jobseeker’s allowance has never been reduced in accordance with regulation 63 or section 19(5)(b) or (c) or section 19(6)(c) or (d) F493or section 20A(2)(b), (c), (f) or (g) read with regulation 68 or rendered not payable in accordance with section 19(6)(a) or (b) read with Part V.

2

a

The period in the case of any person falling within paragraph (1)(a) is the period starting with the date on which he was laid off or first kept on short-time and ending on the date on which he ceases to be laid off or kept on short-time or the day before the day he attains the age of 18 or at the expiry of the 13 week period starting with the date of the lay off, or date he was first kept on short-time, whichever first occurs;

b

except where paragraph (1)(d) or (e) applies, the period in the case of any person falling within paragraph (1)(b) or (c) is the period until the day before that person attains the age of 18 or until paragraph (1)(b) or (c) ceases to apply, whichever first occurs;

c

the period in the case of any person falling within paragraph (1)(d) is the period starting with the date of registration with the Employment Service and ending on the day on which the person is next due to attend in accordance with regulation 23 F494or regulation 23A or on the date on which the period calculated in accordance with regulation 59(2) or 60(2) or sub-paragraph (b) would have expired, whichever first occurs;

d

the period in the case of any person falling within paragraph 1(e) is the period starting on the date of registration with the Employment Service and ending five days after that date or on the day after the day on which he registered with the Careers Service, or on the date on which the period calculated in accordance with regulation 59(2) or 60(2) or sub-paragraph (b) would have expired, whichever first occurs;

e

the period in the case of any person falling within paragraph 1(f) is the period starting with the date of claim and ending with the day before the day on which he is due to enlist or the day before he attains the age of 18, whichever first occurs.

3

In this regulation “week" means a period of 7 consecutive days.

Registration62

1

Except in the circumstances set out in paragraphs (2) and (3) a young person to whom section 3(1)(f)(ii) or (iii) F495or section 3A(1)(e)(i) or (ii) applies other than one falling within regulation 61(1)(a) or (f), must register with the Careers Service F577or the Connexions Service for both employment and training.

2

A young person who is unable to register with the Careers Service F577or the Connexions Service because of an emergency affecting the Careers Service F577or the Connexions Service such as a strike or fire must register with the Employment Service for both employment and training.

3

A young person who would suffer hardship because of the extra time it would take him to register with the Careers Service F577or the Connexions Service must register with the Employment Service for both employment and training.

Reduced payments under section 1763

1

Except as provided in paragraph (3), the amount of an income-based jobseeker’s allowance which would otherwise be payable to a young person shall be reduced byF230, if he is a single person or a lone parent, a sum equal to 40% of the amount applicable in his case by way of a personal allowance determined F231in accordance with paragraph 1(1) or 1(2) of Schedule 1 (as the case may be) or, if he is a member of a couple, a sum equal to 40% of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(1) of Schedule 1 for the period set out in paragraph (2) if

a

he was previously entitled to an income-based jobseeker’s allowance and that entitlement ceased by virtue of the revocation of a direction under section 16 because he had failed to pursue an opportunity of obtaining training or rejected an offer of training;

b

his allowance has at any time in the past been reduced in accordance with this regulation or in accordance with regulation 68 because he has done an act or omission falling within section 19(5)(b) or (c) F496or section 20A(2)(b) or (c) or rendered not payable in accordance with section 19(6)(a) or (b) F497or section 20A(2)(d) or (e) read with Part V and he has—

i

failed to pursue an opportunity of obtaining training without showing good cause for doing so,

ii

rejected an offer of training without showing good cause for doing so or

iii

failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure;

c

he has–

i

done an act or omission falling within section 16(3)(b)(i) or (ii) and has not shown good cause for doing so or done an act or omission falling within section 19(5)(b)(i), (ii) or (iv) F498or section 20A(2)(b)(i), (ii) or (iv) without good cause or done an act or omission falling within section 19(5)(b)(i), (ii), or (iv) F498or section 20A(2)(b)(i), (ii) or (iv) for which he was regarded as having good cause in accordance with regulation 67(1) and

ii

after that act or omission failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure

and at the time he did the act or omission falling within sub-paragraph (i) he was a new jobseeker;

d

he has–

i

failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure or done an act or omission falling within section 19(5)(b)(iii) F499or section 20A(2)(b)(iii) without good cause or done an act or omission falling within section 19(5)(b)(iii) F499or section 20A(2)(b)(iii) for which he was regarded as having good cause in accordance with regulation 67(1) and

ii

after that failure he has failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure and on the day before the day he first attended the course referred to in sub-paragraph (i) he was a new jobseeker; or

e

he has failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure and on the day before he first attended the course he was not a new jobseeker; or

f

he has failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that failure and he lost his place on the course through his misconduct.

2

a

seeking training and

b

seeking full-time education.

4

Paragraphs (1), (2) and (3) do not apply to a young person falling within regulation 61(1)(a) or (f).

5

Paragraphs (1) and (2) do not apply to a young person who has had his jobseeker’s allowance reduced in accordance with regulation 63 or regulation 68 because he has done an act or omission falling within section 19(5)(b) or (c) or Section 19(6)(c) or (d) F502or section 20A(2)(b), (c), (f) or (g) or rendered not payable in accordance with section 19(6)(a) or (b) F502or section 20A(2)(d) or (e) read with Part V but paragraph (3) does apply to such a young person.

6

“Training" in section 7 and in this regulation means suitable training.

F115Attendance, information and evidence65A

A young person who does not fall within regulation 61(1)(a) or (f) shall, if the Secretary of State requires him to do so, provide, in addition to the declaration specified in regulation 24(6), a declaration to the effect that since making a claim for a jobseeker’s allowance or since he last provided a declaration in accordance with this regulation he has been actively seeking suitable training to the extent necessary to give him his best prospects of securing suitable training save as he has otherwise notified the Secretary of State.

The jobseeker’s agreement66

1

In a jobseeker’s agreement with a young person, other than one falling within regulation 61(1)(a) or (f), the following information is required in addition to that prescribed in chapter V of Part II: a broad description of the circumstances in which the amount of the person’s benefit may be reduced in accordance with section 17 and regulation 63, or may be rendered not payable in accordance with section 19 F503or section 20A read with Part V or may be payable at a reduced rate in accordance with sections 19 and 20 F503or sections 20A and 20B and regulation 68.

2

A young person is to be treated as having entered into a jobseeker’s agreement and as having satisfied the condition mentioned in section 1(2)(b) as long as the circumstances set out in F158regulation 62(2) or 62(3) apply.

Sanctions67

1

Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of section 19(5)(b) F504or section 20A(2)(b), and in addition to the circumstances listed in regulation 73, a young person is to be regarded as having good cause for any act or omission for the purposes of section 19(5)(b) F504or section 20A(2)(b) where

a

this is the first occasion on which he has done an act or omission falling within section 19(5)(b) F504or section 20A(2)(b) and he has not while claiming a jobseeker's allowance failed to pursue an opportunity of obtaining training without good cause or rejected an offer of training without good cause or failed to complete a course of training and no certificate has been issued to him under subsection (4) of section 17 with respect to that training; and

b

at the time he did the act or omission falling within section 19(5)(b)(i), (ii) or (iv) F505or section 20A(2)(b)(i), (ii) or (iv) he was F159... a new jobseeker or, in the case of an act or omission falling within section 19(5)(b)(iii) F505or section 20A(2)(b)(iii), at the time he first attended the scheme or programme he was F159... a new jobseeker.

2

Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of section 19(6)(c) or (d) F506or section 20A(2)(f) or (g), a young person is to be regarded as having good cause for any act or omission for the purposes of section 19(6)(c) or (d) F506or section 20A(2)(f) or (g) where the employer did not offer suitable training unless he falls within regulation 61(1)(a) or (f) or his jobseeker’s allowance has been reduced in accordance with regulation 63 or in accordance with regulation 68 because he has done an act or omission falling within section 19(5)(b) or (c) F507or section 20A(2)(b) or (c) or section 19(6)(c) or (d) F506or section 20A(2)(f) or (g) or rendered not payable in accordance with section 19(6)(a) or (b) F508or section 20A(2)(d) or (e) read with Part V.

3

For the purposes of this regulation, “new jobseeker" means a young person who has not since first leaving full-time education been employed or self-employed for 16 or more hours per week or completed a course of training or failed to complete a course of training and no certificate has been issued to him to show good cause for that failure under subsection (4) of section 17 or done an act or omission falling within section 19(5)(b)(iii) F509or section 20A(2)(b)(iii) without good cause or done an act or omission falling within section 19(5)(c) F510or section 20A(2)(c).

Reduced amount of allowance68

1

Subject to paragraphs (2) and (4), the amount of an income-based jobseeker’s allowance which would otherwise be payable to a young person shall be reducedF234, if he is a single person or a lone parent, by a sum equal to 40% of the amount applicable in his case by way of a personal allowance determined F235 in accordance with paragraph 1(1) or 1(2) of Schedule 1 (as the case may be) or, if he is a member of a couple F511(including a joint-claim couple), a sum equal to 40% of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(1) of Schedule 1 for a period of two weeks from the beginning of the first week after F363the Secretary of State decision where the young person has done any act or omission falling within section 19(5) or within 19(6)(c) or (d) F511or within section 20A(2)(a) to (c), (f) or (g), unless the young person reaches the age of 18 before that two week period expires, in which case the allowance shall be payable at the full rate applicable in his case from the date he reaches the age of 18.

2

Subject to paragraph (4), in a case where the young person or any member of his family is pregnant or seriously ill the amount of an income-based jobseeker’s allowance which would otherwise be payable to the young person shall be reduced byF236, if he is a single person or a lone parent, a sum equal to 20% of the amount applicable in his case by way of a personal allowance determined F237in accordance with paragraph 1(1) or 1(2) of Schedule 1 (as the case may be) or, if he is a member of a couple F511(including a joint-claim couple), a sum equal to 20% of the amount which would have been applicable in his case if he had been a single person determined in accordance with paragraph 1(1) of Schedule 1 for a period of two weeks from the beginning of the first week after F364the Secretary of State decision where the young person has done any act or omission falling within section 19(5) or within 19(6)(c) or (d) F511or within section 20A(2)(a) to (c), (f) or (g), unless the young person reaches the age of 18 before that two week period expires, in which case the allowance shall be payable at the full rate applicable in his case from the date he reaches the age of 18.

3

A reduction under paragraph (1) or (2) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.

4

If a young person’s claim for an income-based jobseeker’s allowance is terminated before the expiry of the period determined in accordance with paragraphs (1) and (2), and he makes a fresh claim for the allowance, it shall be payable to him at the reduced rate determined in accordance with paragraph (1) or (2) for the balance of the time remaining of that two weeks, unless the young person reaches the age of 18 before that two week period expires, in which case the allowance shall be payable at the full rate applicable in his case from the date he reaches the age of 18.

5

An income-based jobseeker’s allowance shall be payable to a young person at the full rate applicable in his case after the expiry of the two week period referred to in paragraphs (1) and (2).

C1 C3PART V SANCTIONS

Annotations:

Modifications etc. (not altering text)

Pt. V modified (temp.) (30.11.1998) by The Social Security (New Deal Pilot) Regulations 1998 (S.I. 1998/2825), regs. 1(1), 7 (with reg. 1(2))

Pt. V modified (temp.) (29.11.1999) by The Social Security (New Deal Pilot) Regulations 1999 (S.I. 1999/3156), regs. 1(1), 7 (with regs. 1(2), 19)

F381Prescribed period for purposes of section 19(2)69

1

The prescribed period for the purposes of F512sections 19(2) and 20A(3) shall be—

a

2 weeks, in any case which does not fall within F582sub-paragraph (b), ~~F879(c) or (d)~~F879(c), (d) or (e) below;

b

4 weeks, in any case F399(other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as “Gateway to Work” specified in regulation 75(1)(a)(i)(bb))F880or a case where sub-paragraph (e) applies in which

i

a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) F513or section 20A(2)(a) to (c), and

ii

one of the following circumstances applies—

aa

where the determination in (i) above does not relate to one of the New Deal options F589or the Intensive Activity Period specified in regulation 75(1)(a)(iv), on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) F513or section 20A(2)(a) to (c), or

bb

where the determination in (i) above relates to one of the New Deal options, on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) F513or section 20A(2)(a) to (c) that relate to one of those options, F590or

cc

F584where the determination in (i) above relates to the Intensive Activity Period specified in regulation 75(1)(a)(iv), on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) or section 20A(2)(a) to (c) that relate to any Intensive Activity Period specified in regulation 75(1)(a)(iv), and

iii

the first date on which the jobseeker’s allowance was not payable to him on that previous occasion falls within the period of 12 months preceding the date of the determination mentioned in (b)(i) above;

c

26 weeks in any case F400(other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as “Gateway to Work” specified in regulation 75(1)(a)(i)(bb)) in which—

i

a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) F513or section 20A(2)(a) to (c) and the determination relates to an act or omission arising after this regulation comes into force in respect of one of the New Deal options; and

ii

on two or more previous occasions a jobseeker’s allowance has been determined not to be payable to the claimant in circumstances falling within section 19(5) F513or section 20A(2)(a) to (c) and each such determination relates to one of the New Deal options; and

iii

no more than 12 months have elapsed between the beginning of the day on which the determination mentioned in (c)(i) above is made and the beginning of the first day on which a jobseeker’s allowance was not payable to the claimant as a result of the determination which most recently preceded it whether the preceding determination is either—

aa

a determination falling within sub-paragraph (b)(i) to which the circumstances in sub-paragraph (b)(ii)(bb) apply; or

bb

itself an earlier determination falling within sub-paragraph (c)(i).

F583d

26 weeks in any case (other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as “Gateway to Work” specified in regulation 75(1)(a)(i)(bb)) in which—

i

a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) or section 20A(2)(a) to (c) and the determination relates to an act or omission arising after this regulation comes into force in respect of the Intensive Activity Period specified in regulation 75(1)(a)(iv); and

ii

on two or more previous occasions a jobseeker’s allowance has been determined not to be payable to the claimant in circumstances falling within section 19(5) or section 20A(2)(a) to (c) and each such determination relates to any Intensive Activity Period specified in regulation 75(1)(a)(iv); and

iii

no more than 12 months have elapsed between the beginning of the day on which the determination mentioned in (d)(i) above is made and the beginning of the first day on which a jobseeker’s allowance was not payable to the claimant as a result of the determination which most recently preceded it whether the preceding determination is either—

aa

a determination falling within sub-paragraph (b)(i) to which the circumstances in paragraph (b)(ii)(cc) apply; or

bb

itself an earlier determination falling within sub-paragraph (d)(i).

F881e

one week in a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as the Jobseeker Mandatory Activity Pilot and falling within section 19(5) or section 20A(2)(a) to (c).

2

The prescribed period for the purposes of F514sections 19(2) and 20A(3) shall begin—

a

where, in accordance with regulation 26A(1) of the Claims and Payments Regulations, a jobseeker’s allowance is paid otherwise than fortnightly in arrears, on the day following the end of the last benefit week in respect of which that allowance was paid; and

b

b

in a case falling within section 19(6)(a) F518or section 20A(2)(d) in which the employer has indicated an intention to re-engage the claimant, the date when he is to be re-engaged;

c

where the claimant has left his employment voluntarily and the hours of work in that employment were 16 hours or less a week, the rate of pay and hours of work in the employment which he left; and

d

where the claimant left his employment voluntarily or has neglected to avail himself of a reasonable opportunity of employment, any mitigating circumstances of physical or mental stress connected with his employment.

Voluntary Redundancy71

1

A claimant is to be treated as not having left his employment voluntarily–

a

where he has been dismissed by his employer by reason of redundancy after volunteering or agreeing to be so dismissed, F160...

b

where he has left his employment on a date agreed with his employer without being dismissed, in pursuance of an agreement relating to voluntary redundancy F161or

c

where he has been laid off or kept on short-time to the extent specified in sub-section (1) of section 88 of the Employment Protection (Consolidation) Act 1978, and has complied with the requirements of that section.

2

In paragraph (1) “redundancy" means one of the facts set out in paragraphs (a) and (b) of section 81(2) of the Employment Protection (Consolidation) Act 1978 F47.

subject to paragraph (7), his income or outgoings or the income or outgoings of any other member of his household, or the income or outgoings which he or any other member of his household would have if he were to become employed or to carry out the jobseeker’s direction, or did have whilst carrying out the jobseeker’s direction, but for the purposes of this sub-paragraph a person’s outgoings shall not include any expenses taken into account under paragraph (2)(f);

b

the time it took, or would normally take, for the person to travel from his home to the place of the employment, or a place mentioned in the jobseeker’s direction, and back to his home where that time was or is normally less thanF806,—

i

during the first 13 weeks of entitlement to a jobseeker’s allowance, one hour either way; and

ii

in all other cases, one hour and thirty minutes either way,

by a route and means appropriate to his circumstances and to the employment, or to the carrying out of the jobseeker’s direction, unless, in view of the health of the person or any caring responsibilities of his, that time was or is unreasonable.

7

Paragraph (6)(a) shall not apply–

a

where the claimant has agreed a restriction on the level of remuneration he was prepared to accept under regulations 13(3) and 16; or

b

the employment is remunerated only by commission.

8

A person shall be regarded for the purposes of section 19(6)(d) F525and section 20A(2)(g) as having good cause for neglecting to avail himself of an opportunity of employment unless the situation is a qualifying former employment of that person.

9

For the purposes of paragraph (8) a situation is a qualifying former employment of any person if—

a

it is employment with an employer for whom he has previously worked or with an employer who has succeeded that employer; and

b

not more than 12 months have elapsed between–

i

the date when he last worked for that employer and

ii

the date when the question under section 19(6)(d) F522or section 20A(2)(g) arose or, as the case may be, arises, and

c

the terms and conditions of employment in the situation are not less favourable than those in the situation which he held when he last worked for that employer.

iii

assisting in measures being taken to prevent a serious threat to the health of the people;

as a member of a group of persons organised wholly or partly for the purpose of providing such assistance or, as the case may be, protection;

b

events which may give rise to an emergency include–

i

a fire, flood or an explosion;

ii

a natural catastrophe;

iii

a railway or other transport accident;

iv

a cave or mountain accident;

v

an accident at sea;

vi

a person being reported missing and the organisation of a search for that person.

F2924

For the purposes of paragraph (2B)(b)(iii), a qualifying course is suitable for a person if it is suitable for him in vocationally relevant respects, namely his personal capacity, aptitude, his preference, the level of qualification aimed at, duration of the course and proportion of time, if any, which the person has spent on the training in relation to the length of the course.

Person of prescribed description for the purpose of section 20(3)74

1

Subject to paragraph (2), a person shall be of a prescribed description for the purposes of section 20(3) F530and section 20B(3) (exemption from non-payment of jobseeker’s allowance) and shall not fall within section 19(6)(b) or (d) F531or section 20A(2)(e) or (g) if he has neither worked in employed earner’s employment, nor has been a self-employed earner, nor been a full-time student nor been in relevant education, during the period of 13 weeks preceding the day of the commencement of the employment.

2

For the purposes of paragraph (1), a person shall not be regarded as having–

a

worked in employed earner’s employment; or

b

been a self-employed earner; or

c

been a full-time student or been in relevant education;

by reason only of any engagement in an activity referred to in paragraph (3) or by his attendance for a period of up to 14 days at a work camp.

3

The activities referred to in this paragraph are–

a

the manning or launching of a lifeboat; or

b

the performance of duty as a part-time member of a fire brigade.

4

A trial period in section 20(3) F532and section 20B(3) means a period of 8 weeks beginning with the commencement of the fifth week of the employment in question and ending at the end of the twelfth week of that employment and for the purposes of this definition in determining the time at which the fifth week of the employment in question commences or at which the twelfth week of that employment ends, any week in which a person has not worked in the employment for at least 16 hours shall be disregarded.

F117Person in receipt of a training allowance74A

1

An income-based jobseeker’s allowance shall be payable to a claimant F533other than a member of a joint-claim couple even though section 19 prevents payment of a jobseeker’s allowance to him where the claimant is in receipt of a training allowance and is not receiving training falling within paragraph (2) of regulation 170 but the jobseeker’s allowance shall be payable only if and for so long as he satisfies the conditions of entitlement to an income-based jobseeker’s allowance other than those which he is not required to meet by virtue of regulation 170.

2

An income-based jobseeker’s allowance which is payable to a claimant in accordance with this regulation shall be payable to him at the full rate applicable in his case.

F5343

A joint-claim jobseeker’s allowance shall be payable in respect of a joint-claim couple even though section 20A prevents payment of a joint-claim jobseeker’s allowance to the couple where a member of that couple to whom that section applies is in receipt of a training allowance and is not receiving training falling within paragraph (2) of regulation 170 but the jobseeker’s allowance shall be payable only if and for so long as that member satisfies the conditions of entitlement to a joint-claim jobseeker’s allowance other than those which he is not required to meet by virtue of regulation 170.

4

A joint-claim jobseeker’s allowance which is payable to a couple in accordance with this regulation shall be payable to the couple at the full rate applicable to it.

F448Reduced allowance where one member of a joint-claim couple is subject to a sanction74B

1

Where only one member of a joint-claim couple is subject to sanctions for the purposes of section 20A, the rate of jobseeker’s allowance payable in respect of the couple for the period of those sanctions shall be calculated in accordance with this regulation.

2

Where paragraph (1) applies, a reduced rate of jobseeker’s allowance shall be payable to the member of the couple who is not subject to sanctions.

3

That reduced rate shall be—

a

in any case in which the member of the couple who is not subject to sanctions satisfies the conditions set out in section 2, a rate equal to the amount calculated in accordance with section 4(1);

b

in any case where the couple are a couple in hardship for the purposes of Part IXA, a rate equal to the amount calculated in accordance with regulation 146G;

c

in any other case, a rate calculated in accordance with section 4(3A) save that the applicable amount shall be the amount determined by reference to paragraph 1(1) of Schedule 1 which would have been the applicable amount had the member of the couple who is not subject to sanctions been a single claimant.

InterpretationF27075

1

For the purposes of section 19F535, section 20A and of this Part:

a

“an employment programme" means—

i

any one of the following programmes of advice, guidance or job search assistance provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973, known as—

F677aa

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F401bb

Gateway to Work, being a programme of up to two weeks' duration, consisting of advice and assistance on job search activity and the development of job search skills;

F311bb

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F300cc

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F312dd

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F676ee

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ii

any one of the following programmes, provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973 and for which only persons who are aged 18 years or over and less than 26 years immediately prior to entry may be eligible, known as—

aa

F675the Self-Employed Employment Option of the New Deal, being a programme which lasts for any individual for up to 26 weeks and which includes for that individual assistance in pursuing self-employed earner’s employment;

bb

the Voluntary Sector Option of the New Deal, being a programme which lasts for any individual for up to six months and which includes for that individual employed earner’s employment or a work placement combined in either case with training, support and job search;

cc

the Environment Task Force Option of the New Deal, being a programme which lasts for any individual for up to six months and which includes for that individual employed earner’s employment or a work placement combined in either case with training, support and job search F391and

C20 C32iii

F723employment zone programme, being a programme established by the Secretary of State pursuant to section 60 of the Welfare Reform and Pensions Act 1999 for an employment zone designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment and subject to the Employment Zones Regulations 2000 or the Employment Zones Regulations 2003 F786or the Social Security (Working Neighbourhoods) Regulations 2004.

C21iv

the Intensive Activity Period, that is to say, the programme known by that name and provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973, being a programme lasting for up to 52 weeks for any one individual aged 25 years or over and less than 50 years on the first required entry date to any such programme, and consisting for that individual of any one or more of the following elements, namely employed earner’s employment, assistance in pursuing self-employed earner’s employment, education and training, work experience, assistance with job search, motivation and skills training.

C18 C19b

“a training scheme" means—

i

a scheme for training for which persons aged less than 18 years are eligible and for which persons aged 18 years or over and less than 25 years may be eligible, F569secured by the Learning and Skills Council for England or by the F875National Assembly for Wales and, in Scotland, provided directly or indirectly by a Local Enterprise Company pursuant to its arrangement with, as the case may be, Scottish Enterprise or Highlands and Islands Enterprise (whether that arrangement is known as an Operating Contract or by any other name); F294...

ii

the scheme, provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973 and for which only persons who are aged 18 years or over and less than 26 years immediately prior to entry may be eligible, known as the Full-Time Education and Training Option of the New Deal, being a scheme which lasts for any individual for up to one year and which includes for that individual some or all of the following, namely education, training, work experience and support in job search F295skills; F293and

iii

for the purposes of section 19(5)(b)(iii) and (iv) and section 19(5)(c) F539and section 20A(2)(b)(iii) and (iv) and section 20A(2)(c), in relation to a person who has been treated as available for employment to any extent under regulation 17A(3), the qualifying course in respect of which he has been so treated.

2

In section 19, except subsection (2) F537and in section 20A, except subsection (3), and in this Part, except regulation 69 and the first occasion on which the word occurs in regulation 72(5A)(a), “week" means any period of 7 consecutive days.

3

In section 19(2)F538, section 20A(3), regulation 69 and the first occasion on which the word occurs in regulation 72(5A)(a), “week" means benefit week.

4

In section 19, except subsection (9) F536in section 20A, and in this Part, “employment" means employed earner’s employment other than such employment in which a person is employed whilst participating in an employment programme falling within paragraph (1)(a)(ii) F592or (iv) or the Intensive Activity period for 50 plus; and “employed earner" shall be construed accordingly.

5

In section 19(9), “employment" means employed earner’s employment.

PART VI MEMBERSHIP OF THE FAMILY

Persons of a prescribed description76

1

Subject to paragraph (2), a person of a prescribed description for the purposes of the definition of “family" in section 35(1) of the Act is a person F903who falls within the definition of qualifying young person in section 142 of the Benefits Act (child and qualifying young person), and in these Regulations, except in Part IV, such a person is referred to as a “young person".

2

Paragraph (1) shall not apply to a person who is–

F904a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

entitled to a jobseeker’s allowance or would, but for section 3(1)(d) of the Act (provision against dual entitlement) be so entitled; or

c

entitled to income support or would, but for section 134(2) of the Benefits Act (exclusion from benefit) be F620so entitled; or

d

a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies.

F7053

A person of a prescribed description for the purposes of the definition of “family” in section 35(1) of the Act includes a child or young person in respect of whom section 145A of the Benefits Act applies for the purposes of entitlement to child benefit but only for the period prescribed under section 145A(1) of that Act.

Circumstances in which a person is to be treated as responsible or not responsible for another77

1

Subject to the following provisions of this regulation, a person is to be treated for the purposes of the Act as responsible for a child or young person for whom he is receiving child benefit F706and this includes a child or young person to whom paragraph (3) of regulation 76 applies.

2

In a case where a child (“the first child") is in receipt of child benefit in respect of another child (“the second child"), the person treated as responsible for the first child in accordance with the provisions of this regulation shall also be treated as responsible for the second child.

3

In the case of a child or young person in respect of whom no person is receiving child benefit, the person who shall be treated as responsible for that child or young person shall be—

a

except where sub-paragraph (b) applies, the person with whom the child or young person usually lives; or

b

where only one claim for child benefit has been made in respect of the child or young person, the person who made that claim.

4

Where regulation 78(7) (circumstances in which a person is to be treated as being or not being a member of the household) applies in respect of a child or young person, that child or young person shall be treated as the responsibility of the claimant for that part of the week for which he is under that regulation treated as being a member of the claimant’s household.

5

Except where paragraph (4) applies, a child or young person shall be treated as the responsibility of only one person in any benefit week and any person other than the one treated as responsible for the child or young person under this regulation shall be treated as not so responsible.

A child or young person to whom any of the circumstances mentioned in F165sub-paragraphs (d), (f) or (i) of paragraph (5) applies shall be treated as being a member of the claimant’s household only for that part of any benefit week where that child or young person lives with the claimant.

8

Where a child or young person for the purposes of attending the educational establishment at which he is receiving relevant education is living with the claimant or his partner and neither one is treated as responsible for that child or young person that child or young person shall be treated as being a member of the household of the person treated as responsible for him and shall not be treated as a member of the claimant’s household.

9

In this regulation–

F830za

“accommodation” means accommodation provided by a local authority in a home owned or managed by that local authority—

i

under sections 21 to 24 of the National Assistance Act 1948 (provision of accommodation); or

ii

in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968 (provision of residential or other establishment); or

iii

under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (care and support services etc.);

where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;

a

“relevant enactment" means the Army Act 1955 F52, the Social Work (Scotland) Act 1968 F53, the Matrimonial Causes Act 1973 F54, the Adoption (Scotland) Act 1978 F55, the Family Law Act 1986 F56 and the Children Act 1989 F57;

b

“relevant Scottish enactment" means the Army Act 1955, the Air Force Act 1955 F58, the Naval Discipline Act 1957 F59, the Adoption Act 1958 F60, the Matrimonial Proceedings Children Act 1958 F61, the Children Act 1958 F62, the Social Work (Scotland) Act 1968, the Family Law Reform Act 1969 F63, the Children and Young Persons Act 1969 F64, the Matrimonial Causes Act 1973, the Guardianship Act 1973 F65, the Children Act 1975 F66, the Domestic Proceedings and Magistrates’ Courts Act 1978 F67, the Adoption (Scotland) Act 1978, the Child Care Act 1980 F68, and the Foster Children Act 1980 F69;

c

“voluntary organisation" has the meaning assigned to it in the Children Act 1989 or, in Scotland, the Social Work (Scotland) Act 1968.

PART VII AMOUNTS

Weekly amounts of contribution-based jobseeker’s allowance79

1

In the case of a contribution-based jobseeker’s allowance, the age-related amount applicable to a claimant for the purposes of section 4(1)(a) shall be—

a

in the case of a person who has not attained the age of 18, F905£34.60 per week;

b

in the case of a person who has attained the age of 18 but not the age of 25, F906£45.50 per week;

c

in the case of a person who has attained the age of 25, F878£57.45 per week.

2

Where the amount of any contribution-based jobseeker’s allowance would, but for this paragraph, include a fraction of one penny, that fraction shall be treated as one penny.

Deductions in respect of earnings80

1

The deduction in respect of earnings which falls to be made in accordance with section 4(1)(b) from the amount which, apart from this regulation, would be payable by way of a contribution-based jobseeker’s allowance for any F240benefit week is an amount equal to the weekly amount of the claimant’s earnings calculated in accordance with Part VIII (income and capital).

2

For the avoidance of doubt, in calculating the amount of earnings for the purposes of this regulation, only the claimant’s earnings shall be taken into account.

Payments by way of Pensions81

1

The deduction in respect of pension paymentsF924, PPF payments or FAS payments from the amount which apart from this regulation would be payable to a claimant by way of a contribution-based jobseeker’s allowance for any week shall be a sum equal to the amount by which that payment exceeds or, as the case may be, the aggregate of those payments exceed £50 per F168benefit week.

F1671A

Where pension paymentsF924, PPF payments or FAS payments first begin to be made to a person for a period starting other than on the first day of a benefit week, the deduction referred to in paragraph (1) shall have effect from the beginning of that benefit week.

1B

Where pension paymentsF924, PPF payments or FAS payments are already in payment to a person and a change in the rate or payment takes effect in a week other than at the beginning of the benefit week, the deduction referred to in paragraph (1) shall have effect from the first day of that benefit week.

2

In determining the amount of any pension paymentsF924, PPF payments or FAS payments for the purposes of paragraph (1), there shall be disregarded—

F169a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F241c

any payments from a personal pension scheme, an occupational pension scheme or a public service pension scheme which are payable to him and which arose in accordance with the terms of such a scheme on the death of a person who was a member of the scheme in questionF925; and

d

any PPF payments or FAS payments which are payable to him and which arose on the death of a person who had an entitlement to such payments.

3

Subject to the provisions of paragraph (2), where a pension paymentF926, PPF payment or FAS payment, or an aggregate of such payments, as the case may be, is paid to a person for a period other than a week, such payments shall be treated as being made to that person by way of weekly pension paymentsF927, weekly PPF payments or weekly FAS payments and the weekly amount shall be determined—

a

where payment is made for a year, by dividing the total by 52;

b

where payment is made for three months, by dividing the total by 13;

c

where payment is made for a month, by multiplying the total by 12 and dividing the result by 52;

d

where payment is made for two or more months, otherwise than for a year or for three months, by dividing the total by the number of months, multiplying the result by 12 and dividing the result of that multiplication by 52; or

e

in any other case, by dividing the amount of the payment by the number of days in the period for which it is made and multiplying the result by 7.

F544Income-based jobseeker’s allowance82

1

Regulations 83 to F62885 and 87 apply in the case of an income-based jobseeker’s allowance but not a joint-claim jobseeker’s allowance.

2

Regulations 86A to F62986C only apply in the case of a joint-claim jobseeker’s allowance.

Applicable amounts83

Except in the case of a claimant to whom regulation 84 , 85 F630... or Part X (applicable amounts in other cases and urgent cases) applies, a claimant’s weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case—

a

an amount in respect of himself or if he is a member of a couple, an amount in respect of both of them, determined in accordance with sub-paragraph (1), (2) or (3), as the case may be, of paragraph 1 of Schedule 1;

C22b

F729an amount determined in accordance with paragraph 2 of Schedule 1 in respect of any child or young person who is a member of his family, excluding a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant would exceed £3,000, but including a child whose capital falls to be treated as income in accordance with regulation 106 (1) (modification in respect of children and young persons);

F712c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

~~F730where he is a member of a family of which at least one member is a child or young person, an amount determined in accordance with Part II of Schedule 1 (family premium);~~

e

the amount of any premiums which may be applicable to him, determined in accordance with Parts III and IV of Schedule 1 (premiums); and

f

any amounts determined in accordance with Schedule 2 (housing costs) which may be applicable to him in respect of mortgage interest payments or such other housing costs as are prescribed in that Schedule.

Polygamous Marriages84

1

Except in the case of a claimant to whom regulation 83, F631or 85F632... (applicable amounts in special casesF632...) or Part X or paragraph (2) applies, where a claimant is a member of a polygamous marriage his weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case—

a

the highest amount applicable to him and one of his partners determined in accordance with sub-paragraph (3) of paragraph 1 of Schedule 1 as if he and that partner were a couple;

b

an amount equal to the difference between the amounts specified in F170sub-paragraphs (3)(e) and (1)(e) of paragraph 1 of Schedule 1 in respect of each of his other partners;

C23c

F731an amount determined in accordance with paragraph 2 of Schedule 1 (applicable amounts) in respect of any child or young person for whom he or a partner of his is responsible and who is a member of the same household except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, would exceed £3,000, but including a child whose capital falls to be treated as income in accordance with regulation 106 (1) (modification in respect of children and young persons);

F713d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

F732if he or another partner of the polygamous marriage is responsible for a child or young person who is a member of the same household, the amount specified in Part II of Schedule 1 (family premium);

f

the amount of any premiums which may be applicable to him determined in accordance with Parts III and IV of Schedule 1 (premiums); and

g

2

In the case of a partner who is aged less than 18 the amount which applies in respect of that partner shall be Nil unless that partner—

a

is treated as responsible for a child; or

b

is a person who, had he not been a member of a polygamous marriage, would have qualified for a jobseeker’s allowance by virtue of section 3(1)(f)(ii) or section 3(1)(f)(iii) and the regulations made thereunder (jobseeker’s allowance for persons aged 16 or 17).

Special cases85

C241

F633Subject to paragraph (2A), in the case of a person to whom any paragraph in column (1) of Schedule 5 applies (applicable amounts in special cases) the amount included in the claimant’s weekly applicable amount in respect of him shall be the amount prescribed in the corresponding paragraph in column (2) of that Schedule ~~F728but excluding an amount for a child or young person whose~~ ~~F242capital, if calculated~~ in accordance with Part VIII in like manner as for the claimant, would exceed £3,000, but including an amount for a child or young person whose capital falls to be treated as income in accordance with regulation 106 (1) (modification in respect of children and young persons).

2

Except where the amount prescribed in Schedule 5 in respect of a person to whom paragraph (1) applies includes an amount applicable under regulation 83(e) or 84(1)(f) a person to whom paragraph (1) applies shall be treated as not falling within the conditions specified in paragraph 15 of Schedule 1 (severe disability premium).

F7142A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9083

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

F921In this regulation and Schedule 5–

F397“partner of a person subject to immigration control" means a person–
1. i
  who is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act; or
2. ii
  to whom section 115 of that Act does not apply by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000; and
3. iii
  who is a member of a couple and F853the member's partner is subject to immigration control within the meaning of section 115(9) of that Act and section 115 of that Act applies to F854the partner for the purposes of exclusion from entitlement to jobseeker’s allowance;.

F922“person from abroad” has the meaning given in regulation 85A;

“patient" means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of F907regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005;

“prisoner" means a person who—

a

is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or

b

is on temporary release in accordance with the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989,

other than a person F279who is detained in hospital under the provisions of the Mental Health Act 1983, or, in Scotland, under the provisions of the ~~F824~~F825Mental Health (Scotland) Act 1984~~F825Mental Health (Care and Treatment) (Scotland) Act 2003~~F824Mental Health (Care and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995,

F833...

F9234A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9234B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8345

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8346

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the highest amount applicable to a member of the joint-claim couple and one other member of that marriage determined in accordance with sub-paragraph (3) of paragraph 1 of Schedule 1 as if those members were a couple;

b

an amount equal to the difference between the amounts specified in sub-paragraphs (3)(e) and (1)(e) of paragraph 1 of Schedule 1 in respect of each of the other members of the polygamous marriage who are members of that household;

F716c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

the amount of any premiums which may be applicable to a member of the joint-claim couple determined in accordance with Parts IVA and IVB of Schedule 1 (premiums); and

e

any amounts determined in accordance with Schedule 2 (housing costs) which may be applicable to the joint-claim couple in respect of mortgate interest payments or such other housing costs as are prescribed in that Schedule.

if an amount was payable, the rate at which it would be payable,

any requirement that the person be entitled to income support, or to income support for any period of time, shall be treated as if the reference to income support included also a reference to an income-based jobseeker’s allowance.

7

F171For the purposes of applying paragraph (1), regulation 2A of the Income Support (Transitional) Regulations, and for the purposes of paragraph (6), regulation 3A of the Income Support Regulations shall have effect in accordance with the following sub-paragraphs—

a

as if in paragraph (1)(a), after the words “permitted period", there was included the words “subject to paragraph 2A"; and

b

with the addition after paragraph (1) of the following paragraphs–

2A
Subject to paragraph (2B) where the claimant or his partner has ceased to be engaged in remunerative work, the permitted period shall be 8 weeks if—
a
a jobseeker’s allowance F172is not payable to the claimant in the circumstances mentioned in section 19(6)(a) or (b) of the Jobseekers Act 1995 (employment left voluntarily or lost through misconduct); or
b
the claimant or his partner has ceased to be engaged in that work within 4 weeks of beginning it; or
c
at any time during the period of 13 weeks immediately preceding the beginning of that work, the person who has ceased to be engaged in it—
i
was engaged in remunerative work; or
ii
was in relevant education; or
iii
was a student.
2B
F173Paragraph (2A)(b) or (2A)(c) shall not apply in the case of a person who, by virtue of regulation 74 of the Jobseeker’s Allowance Regulations 1996, is a person to whom section 19(6)(b) of the Jobseekers Act 1995 does not apply.
2C
In this regulation, “remunerative work" means remunerative work for the purposes of the Jobseekers Act 1995.

F11687A

Where the amount of a jobseeker’s allowance is less than 10 pence a week that allowance shall not be payable.

PART VIII INCOME AND CAPITAL

Chapter I General

Calculation of income and capital of members of claimant’s family and of a polygamous marriage88

1

Subject to ~~F733paragraphs (2) and~~F733paragraph (3) F545and ~~F733regulations~~F733regulation 88ZA (calculation of income and capital of a joint-claim couple) and~~F734106 (modifications in respect of children and young persons)~~, the income and capital of a claimant’s partner ~~F734and the income of a child or young person~~ which by virtue of section 13(2) is to be treated as the income and capital of the claimant, shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant; and any reference to the “claimant" shall, except where the context otherwise requires, be construed, for the purposes of this Part, as if it were a reference to his partner ~~F734or that child or young person~~.

2

F735Regulations 99(2) and 101(2), so far as they relate to paragraphs 1 to 13 and 19 of Schedule 6 (earnings to be disregarded) and regulation 104(1) (capital treated as income) shall not apply to a child or young person.

F735Subject to the following provisions of this Part, the income paid to, or in respect of, and capital of, a child or young person who is a member of the claimant’s family shall not be treated as the income or capital of the claimant.

3

Where at least one member of a couple is aged less than 18 and the applicable amount of the couple falls to be determined under F178paragraph 1(3)(b), (c), (g) or (h) of Schedule 1 (applicable amounts), the income of the claimant’s partner shall not be treated as the income of the claimant to the extent that—

Regulations 94 to ~~F738106~~F738105, 108 to 115 and Chapter IX of this Part shall not apply to any payment which is to be calculated in accordance with Chapter VII thereof (liable relatives).

Child support90

Regulations 94, 96, 97, 103 and 105 and Chapters VII and IX of this Part shall not apply to any payment which is to be calculated in accordance with Chapter VIII of this Part (child support).

Calculation of income and capital of full-time students91

The provisions of Chapters II to VI of this Part (income and capital) shall have effect in relation to full-time students and their partners subject to the modifications set out in Chapter IX thereof (full-time students).

Rounding of fractions92

Where any calculation under this Part results in a fraction of a penny that fraction shall, if it would be to the claimant’s advantage, be treated as a penny, otherwise it shall be disregarded.

Chapter II Income

Calculation of income93

1

For the purposes of F546sections 3(1) (the income-based conditions) and 3A(1) (the conditions for claims by joint-claim couples (the income-based conditions) the income of a claimant shall be calculated on a weekly basis—

a

by determining in accordance with this Part, other than Chapter VI, the weekly amount of his income; and

b

by adding to that amount the weekly income calculated under regulation 116 (calculation of tariff income from capital).

2

For the purposes of paragraph (1) “income" includes capital treated as income under regulation 104 and income which a claimant is treated as possessing under regulation 105 (notional income).

Calculation of earnings derived from employed earner’s employment and income other than earnings94

1

Earnings derived from employment as an employed earner and income which does not consist of earnings shall be taken into account over a period determined in accordance with the following paragraphs and at a weekly amount determined in accordance with regulation 97 (calculation of weekly amount of income).

2

Subject to the following provisions of this regulation, the period over which a payment is to be taken into account shall be—

a

in a case where it is payable in respect of a period, a period equal to the length of that period;

b

in any other case, a period equal to such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the net earnings, or in the case of income which does not consist of earnings, the amount of that income less any amount paid by way of tax on that income which is disregarded under paragraph 1 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings), by the amount of jobseeker’s allowance which would be payable had the payment not been made plus an amount equal to the total of the sums which would fall to be disregarded from that payment under Schedule 6 F547and Schedule 6A (sums to be disregarded in the calculation of earnings) or, as the case may be, any paragraph of Schedule 7 other than paragraph 1 of that Schedule, as is appropriate in the claimant’s case, and that period shall begin on the date on which the payment is treated as paid under regulation 96.

F2432A

The period over which a Career Development Loan, which is paid pursuant to section 2 of the Employment and Training Act 1973, shall be taken into account shall be the period of education and training intended to be supported by that loan.

2B

Where grant income as defined in Chapter IX of this Part has been paid to a person who ceases to be a full-time student before the end of the period in respect of which that income is payable and, as a consequence, the whole or part of that income falls to be repaid by that person, that income shall be taken into account over the period beginning on the date on which that income is treated as paid under regulation 96 and ending—

a

on the date on which repayment is made in full; or

F273aa

where the grant is paid in instalments, on the day before the next instalment would have been paid had the claimant remained a student; or

b

ii

the last day of the period determined by dividing the amount of the compensation payment by the maximum weekly amount which, on the date on which the payment is treated as paid under regulation 96, is specified in paragraph 8(1)(c) of Schedule 14 to the Employment Protection (Consolidation) Act 1978 F76, and treating the result (less any fraction of a whole number) as a number of weeks.

9

For the purposes of paragraph (8), if it appears to F350the Secretary of State in a case to which sub-paragraph (b)(ii) of that paragraph applies that, having regard to the amount of the compensation payment and the level of remuneration normally received by the claimant when he was engaged in the employment in respect of which the compensation payment was made, it is unreasonable to take the payment into account until the date specified in that sub-paragraph, the expiry date shall be the date specified in paragraph (8)(b)(i).

10

For the purposes of this regulation the claimant’s earnings and income which does not consist of earnings shall be calculated in accordance with Chapters III and V respectively of this Part.

Calculation of earnings of self-employed earners95

1

Except where paragraph (2) applies, where a claimant’s income consists of earnings from employment as a self-employed earner the weekly amount of his earnings shall be determined by reference to his average weekly earnings from that employment—

a

over a period of one year; or

b

where the claimant has recently become engaged in that employment or there has been a change which is likely to affect the normal pattern of business, over such other period as may, in any particular case, enable the weekly amount of his earnings to be determined more accurately.

2

Where the claimant’s earnings consist of royalties or sums paid periodically for or in respect of any copyright those earnings shall be taken into account over a period equal to such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the earnings by the amount of jobseeker’s allowance which would be payable had the payment not been made plus an amount equal to the total of the sums which would fall to be disregarded from the payment under Schedule 6 F548and Schedule 6A (earnings to be disregarded) as is appropriate in the claimant’s case.

3

For the purposes of this regulation the claimant’s earnings shall be calculated in accordance with Chapter IV of this Part.

Date on which income is treated as paid96

1

Except where paragraph (2) F393or (3) applies, a payment of income to which regulation 94 (calculation of earnings derived from employed earner’s employment and income other than earnings) applies shall be treated as paid—

a

in the case of a payment which is due to be paid before the first benefit week pursuant to the claim, on the date on which it is due to be paid;

b

in any other case, on the first day of the benefit week in which it is due to be paid or the first succeeding benefit week in which it is practicable to take it into account.

2

Income support, maternity allowance, short-term or long-term incapacity benefit, severe disablement allowance or jobseeker’s allowance shall be treated as paid on the day of the benefit week in respect of which it is payable.

F7093

Working tax credit or child tax credit shall be treated as paid —

a

where the award of that tax credit begins on the first day of a benefit week, on that day, or

b

on the first day of the benefit week that follows the date the award begins, or

c

on the first day of the first benefit week that follows the date an award of income-based jobseeker’s allowance begins, if later,

until the last day of the last benefit week that coincides with or immediately follows the last day for which the award of that tax credit is made.

c

any payment specified in paragraphs (1)(f)F177, (ff), or (g) or (2);

d

any refund of contributions to which that person was entitled under an occupational pension scheme.

Calculation of net earnings of employed earners99

one half of any premium paid in the period that is relevant under regulation 95 in respect of a personal pension scheme.

11

Notwithstanding regulation 95 and the foregoing paragraphs, F335the Secretary of State may assess any item of a claimant’s income or expenditure over a period other than that determined under regulation 95 such as may, in the particular case, enable the weekly amount of that item of income or expenditure to be determined more accurately.

12

For the avoidance of doubt where a claimant is engaged in employment as a self-employed earner and he is engaged in one or more other employments as a self-employed or employed earner, any loss incurred in any one of his employments shall not be offset against his earnings in any other of his employments.

Deduction of tax and contributions for self-employed earners102

1

The amount to be deducted in respect of income tax under regulation 101(1)(b)(i), (4)(b)(i) or (10)(a)(i) (calculation of net profit of self-employed earners) shall be calculated on the basis of the amount of chargeable income and as if that income were assessable to income tax at the lower rate or, as the case may be, the lower rate and the basic rate of tax less only the personal relief to which the claimant is entitled under sections 257(1), 257A(1) and 259 of the Income and Corporation Taxes Act 1988 F78 (personal reliefs) as is appropriate to his circumstances; but, if the period determined under regulation 95 is less than a year, the earnings to which the lower rate of tax is to be applied and the amount of the personal relief deductible under this paragraph shall be calculated on a pro rata basis.

2

The amount to be deducted in respect of social security contributions under regulation 101(1)(b)(i), (4)(b)(ii) or (10)(a)(ii) shall be the total of—

a

the amount of Class 2 contributions payable under section 11(1) or, as the case may be, 11(3) of the Benefits Act at the rate applicable at the date of claim except where the claimant’s chargeable income is less than the amount specified in section 11(4) of that Act (small earnings exception) for the tax year in which the date of claim falls; but if the period determined under regulation 95 is less than a year, the amount specified for that tax year shall be reduced pro rata; and

b

the amount of Class 4 contributions (if any) which would be payable under section 15 of that Act (Class 4 contributions recoverable under the Income Tax Acts) at the percentage rate applicable at the date of claim on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year in which the date of claim falls; but if the period determined under regulation 95 is less than a year, those limits shall be reduced pro rata.

3

In this regulation “chargeable income" means–

a

except where sub-paragraph (b) applies, the earnings derived from the employment less any expenses deducted under paragraph (4)(a) or, as the case may be, (5), of regulation 101;

b

in the case of employment as a child minder, one-third of the earnings of that employment.

F283Chapter IVAParticipants in the Self-Employment Route F432...

Annotations:

Amendments (Textual)

F283

Pt. 8 Ch. 4A added (1.6.1998) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 1998 (S.I. 1998/1174), regs. 1(1), 3(4)

F432

Words in Pt. 8 Ch. 4A Title omitted (27.11.2000) by virtue of The Social Security Amendment (Employment Zones) (No. 2) Regulations 2000 (S.I. 2000/2910), reg. 5(2)(c)

InterpretationC5 C14102A

In this Chapter—

F436...
“special account" means, where a person was carrying on a commercial activity in respect of which assistance was received under the self-employment route, the account into which the gross receipts from that activity were payable during the period in respect of which such assistance was received.

Treatment of gross receipts of participants in the self-employment route F437...102B

The gross receipts of a commercial activity carried on by a person in respect of which assistance is received under the self-employment route, shall be taken into account in accordance with the following provisions of this Chapter.

Calculation of income of participants in the self-employment route F438...102C

1

The income of a person who has received assistance under the self-employment route shall be calculated by taking into account the whole of the monies in the special account at the end of the last day upon which such assistance was received and deducting from those monies—

a

an amount in respect of income tax calculated in accordance with regulation 102D (deduction in respect of tax for participants in the self-employment routeF439...; and

b

any sum to which paragraph (4) refers.

2

Income calculated pursuant to paragraph (1) shall be apportioned equally over a period which starts on the date the income is treated as paid under paragraph (3) and is equal in length to the period beginning with the day upon which assistance was first received under the self-employment route and ending on the last day upon which such assistance was received.

3

Income calculated pursuant to paragraph (1) shall be treated as paid—

a

in the case where it is due to be paid before the first benefit week in respect of which the participant or his partner F549or, in the case of a joint-claim couple, the participant and the other member of the couple of which the participant is a member, first claims a jobseeker’s allowance following the last day upon which assistance was received under the self-employment route, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;

b

in any other case, on the first day of the benefit week in which it is due to be paid.

4

This paragraph refers, where applicable in each benefit week in respect of which income calculated pursuant to paragraph (1) is taken into account pursuant to paragraphs (2) and (3), to the sums which would have been disregarded under paragraphs 5 to 8, 11 and 12 of Schedule 6 F550or paragraphs 1, 2, 5 and 6 of Schedule 6A had the income been earnings.

Deduction in respect of tax for participants in the self-employment routeF440...102D

1

The amount to be deducted in respect of income tax under regulation 102C(1)(a) (calculation of income of participants in the self-employment routeF441...) in respect of the period determined under regulation 102C(2) shall be calculated as if—

a

the chargeable income is the only income chargeable to tax;

b

the personal reliefs which are applicable to the person receiving assistance under the self-employment route by virtue of sections 257(1), 257A(1) and 259 of the Income and Corporation Taxes Act 1988 (personal reliefs) are allowable against that income; and

c

the rate at which the chargeable income less the personal relief is assessable to income tax is the lower rate of tax or, as the case may be, the lower rate and the basic rate of tax.

2

For the purpose of paragraph (1), the lower rate of tax to be applied and the amount of the personal relief deductible shall, where the period determined under regulation 102C(2) is less than a year, be calculated on a pro rata basis.

3

In this regulation, “chargeable income" means the monies in the special account at the end of the last day upon which assistance was received under the self-employment route.

Chapter V Other Income

Calculation of income other than earnings103

1

For the purposes of regulation 94 (calculation of income other than earnings) the income of a claimant which does not consist of earnings to be taken into account shall, subject to the following provisions of this regulation, be his gross income and any capital treated as income under ~~F739regulations 104 and 106 (capital treated as income and modifications in respect of children and young persons)~~F739regulation 104 (capital treated as income).

2

There shall be disregarded from the calculation of a claimant’s gross income under paragraph (1) any sum, where applicable, specified in Schedule 7.

3

Where the payment of any benefit under the Act or under the Benefits Act is subject to any deduction by way of recovery, the amount to be taken into account under paragraph (1) shall be the gross amount to which the beneficiary is entitled.

F8114

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6065

Paragraph (5ZA) applies where—

a

a relevant payment has been made to a person in an academic year; and

b

that person abandons, or is dismissed from, his course of study before the payment to him of the final instalment of the relevant payment.

5ZA

The amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (5) applies, shall be calculated by applying the formula—

\frac{A - (B x C)}{D}

where—

A = the total amount of the relevant payment which that person would have received had he remained a student until the last day of the academic term in which he abandoned, or was dismissed from, his course, less any deduction under regulation 136(5);

B = the number of benefit weeks from the benefit week immediately following that which includes the first day of that academic year to the benefit week immediately before that which includes the day on which the person abandoned, or was dismissed from, his course;

C = the weekly amount of the relevant payment, before the application of the £10 disregard, which would have been taken into account as income under regulation 136(2) had the person not abandoned or been dismissed from, his course and, in the case of a person who was not entitled to a jobseeker’s allowance immediately before he abandoned or was dismissed from his course, had that person, at that time, been entitled to a jobseeker’s allowance;

D = the number of benefit weeks in the assessment period.

5ZB

In paragraphs (5) and (5ZA)—

“academic year” and “student loan” shall have the same meanings as for the purposes of Chapter IX of this Part;

“assessment period” means the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes the last day of the last quarter for which an instalment of the relevant payment was payable to that person and for the purposes of this definition, “quarter” shall have the same meaning as for the purposes of the Education (Student Support) Regulations 2001;

“relevant payment” means either a student loan or an amount intended for the maintenance of dependants referred to in regulation 131(5A) or both.

F2455A

In the case of income to which regulation 94(2B) applies (calculation of income of former full-time students), the amount of income to be taken into account for the purposes of paragraph (1) shall be the amount of that income calculated in accordance with regulation 97(7) and on the basis that none of that income has been repaid.

6

For the avoidance of doubt there shall be included as income to be taken into account under paragraph (1)

F384a

any payment to which regulation 98(2)(a) to (e) or 100(2) (payments not earnings) applies; or

b

in the case of a claimant who is receiving support under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act, the amount of such support provided in respect of essential living needs of the claimant and his ~~F740dependants~~F740partner (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.

Capital treated as income104

1

Any capital payable by instalments which are outstanding on the first day in respect of which an income-based jobseeker’s allowance is payable, or, in the case of a F336suppression, the date of that F336suppression, shall, if the aggregate of the instalments outstanding and the amount of the claimant’s capital otherwise calculated in accordance with Chapter VI of this Part exceeds F910... F250£16,000 be treated as income.

2

Any payment received under an annuity shall be treated as income.

3

~~F741In the case of a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes), any payment under~~ ~~F621section 17, 23B, 23C or 24A of the Children Act 1989~~F79 ~~or, as the case may be,~~ ~~F791section 12 of the Social Work (Scotland) Act 1968 or sections 29 or 30 of the Children (Scotland) Act 1995~~F80 ~~(local authorities’ duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) shall be treated as income.~~

4

Any earnings to the extent that they are not a payment of income shall be treated as income.

F2535

Any Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973 shall be treated as income.

F6816

Where an agreement or court order provides that payments shall be made to the claimant in consequence of any personal injury to the claimant and that such payments are to be made, wholly or partly, by way of periodical payments, any such periodical payments received by the claimant (but not a payment which is treated as capital by virtue of this Part), shall be treated as income.

Notional incomeC12105

1

A claimant shall be treated as possessing income of which he has deprived himself for the purpose of securing entitlement to a jobseeker’s allowance or increasing the amount of that allowance, or for the purpose of securing entitlement to, or increasing the amount of, income support.

2

Except in the case of–

a

a discretionary trust;

b

a trust derived from a payment made in consequence of a personal injury;

F249c

~~F742child benefit to which paragraph (2A) refers;~~

d

F707working tax credit or child tax credit;

e

a jobseeker’s allowance;

F812f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g

a personal pension scheme F882F890, occupational pension scheme or a payment made by the Board of the Pension Protection Fund where the claimant is aged under 60;F255or

h

any sum to which paragraph 42(a) or 43(a) of Schedule 8 (disregard of compensation for personal injuries which is administered by the Court) refers; F278or

i

rehabilitation allowance made under section 2 of the Employment and Training Act 1973,

income which would become available to the claimant upon application being made but which has not been acquired by him shall be treated as possessed by him but only from the date on which it could be expected to be acquired were an application made.

F2482A

F743This paragraph refers to child benefit payable in accordance with regulation 2(1)(a)(ii) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rate for only, elder or eldest child of a lone parent) but only to the extent that it exceeds the amount specified in regulation 2(1)(a)(i) of those Regulations.

F8832B

A claimant who has attained the age of 60 shall be treated as possessing—

a

the amount of any income from an occupational pension scheme F891a personal pension scheme or the Board of the Pension Protection Fund —

i

for which no claim has been made, and

ii

to which he might expect to be entitled if a claim for it were made;

b

income from an occupational pension scheme which the claimant elected to defer,

but only from the date on which it could be expected to be acquired were an application for it to be made.

3

Where a person, aged not less than 60F884...—

F885a

is a person entitled to money purchase benefits under an occupational pension scheme, or under a personal pension scheme other than one referred to in sub-paragraph (b), and fails to purchase an annuity with the funds available in that scheme where—

i

he defers, in whole or in part, the payment of any income which would have been payable to him by his pension fund holder,

ii

he fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid, or

iii

income withdrawal is not available to him under that scheme; or

b

F886is a party to, or a person deriving entitlement to a pension under, a contract or trust scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988F81, F887and fails to purchase an annuity with the funds available under that contract or scheme,

the amount of any income foregone shall be treated as possessed by him, but only from the date on which it could be expected to be acquired were an application for it to be made.

4

The amount of any income foregone in a case to which either head (i) or (ii) of paragraph (3)(a) applies shall be the maximum amount of income which may be withdrawn from the fund and shall be determined by F338the Secretary of State who shall take account of information provided by the pension fund holder in accordance with regulation 7(5) of the Social Security (Claims and Payments) Regulations 1987F82.

5

The amount of any income foregone in a case to which either head (iii) of paragraph (3)(a), or paragraph (3)(b) applies shall be the income that the claimant could have received without purchasing an annuity had the fund held under the relevant F888occupational or personal pension scheme been held under a scheme where income withdrawal was available and shall be determined in the manner specified in paragraph (4).

F8895A

In paragraph (3), “money purchase benefits” has the meaning it has in the Pension Schemes Act 1993.

6

Subject to paragraph (7), any income which is due to be paid to the claimant but has not been paid to him, shall be treated as possessed by the claimant.

7

Paragraph (6) shall not apply to–

a

any amount to which paragraph (8) or (9) applies;

b

a payment to which section 74(2) or (3) of the Administration Act applies (abatement of prescribed payments from public funds which are not made before the prescribed date, and abatement from prescribed benefits where maintenance not paid); and

c

a payment from a discretionary trust, or a trust derived from a payment made in consequence of a personal injury.

F377d

any earnings which are due to an employed earner on the termination of his employment by reason of redundancy but which have not been paid to him.

8

This paragraph applies to an amount which is due to be paid to the claimant under an occupational pension scheme but which is not paid because the trustees or managers of the scheme have suspended or ceased payment due to an insufficiency of resources.

9

This paragraph applies to any amount by which a payment made to the claimant from an occupational pension scheme falls short of the payment to which he was due under the scheme where the shortfall arises because the trustees or managers of the scheme have insufficient resources available to them to meet in full the scheme’s liabilities.

10

F302Any payment of income, other than a payment of income specified in paragraph (10A)—

a

to a third party in respect of a single claimant or in respect of a single claimant or ~~F745in respect of a member of the family~~F745his partner shall be treated—

i

in a case where that payment is derived from a payment of any benefit under the Act or under the Benefits Act, F813a payment from the Armed Forces and Reserve Forces Compensation Scheme, a war disablement pension or war widows pension F638or war widower’s pension, as possessed by that single claimant, if it would normally be paid to him, or as possessed ~~F744by that member of the family, if it would normally be paid to that member~~F744by his partner, if it would normally be paid to his partner;

F367ia

in a case where that payment is a payment of an occupational pension F892, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund, as possessed by that single claimant or, as the case may be, by ~~F746that member~~F746the claimant’s partner;

ii

in any other case, as possessed by that single claimant ~~F748or by that member of the family~~F748or his partner to the extent that it is used for the food, ordinary clothing or footwear, household fuel, rent for which housing benefit is payable, or any housing costs to the extent that they are met under regulation 83(f)F551, 84(1)(g), 86A(d) or 86B(e), of that single claimant or, as the case may be, ~~F748of any member of the family~~F748of his partner, or is used for any council tax or water charges for which that claimant or ~~F748member is liable~~F748partner is liable;

b

F749to a single claimant or a member of the family in respect of a third party (but not in respect of another member of the family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family;

F749to a single claimant or his partner in respect of a third party (but not in respect of another member of his family) shall be treated as possessed by that single claimant or, as the case may be, his partner, to the extent that it is kept or used by him or used by or on behalf of his partner;

but, except where sub-paragraph (a)(i) applies and in the case of a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes), this paragraph shall not apply to any payment in kind F823to the third party.

F30110A

Paragraph (10) shall not apply in respect of a payment of income made—

a

under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds;

b

pursuant to section 19(1)(a) of the Coal Industry Act 1994 (concessionary coal); or

C10c

pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation—

i

in an employment programme specified in regulation 75(1)(a)(ii);

ii

in a training scheme specified in regulation 75(1)(b)(ii); or

F593iia

in the Intensive Activity Period for 50 plus or in the Intensive Activity Period specified in regulation 75(1)(a)(iv); or

iii

in a qualifying course within the meaning specified in regulation 17A(7).

F366d

under an occupational pension scheme F893, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund where—

i

a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980 F6;

ii

the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and

iii

the person referred to in (i) and ~~F750any member of his family~~F750his partner (if any) does not possess, or is not treated as possessing, any other income apart from that payment;

11

Where the claimant F835resides in a care home, an Abbeyfield Home or an independent hospital, or is temporarily absent from such a home or hospital, any payment made by a person other than the claimant or a member of his family in respect of some or all of the cost of maintaining the claimant ~~F747or a member of his family in that home shall be treated as possessed by the claimant or by that member of his family~~F747or his partner in that home shall be treated as possessed by the claimant or his partner.

F38611A

Where the amount of a subsistence allowance paid to a claimant in a benefit week is less than the amount of income-based jobseeker’s allowance that person would have received in that benefit week had it been payable to him, less 50p, he shall be treated as possessing the amount which is equal to the amount of income-based jobseeker’s allowance which he would have received in that week, less 50p.

12

Where a claimant’s earnings are not ascertainable at the time of the determination of the claim or of any F340review or supersessionF339the Secretary of State shall treat the claimant as possessing such earnings as is reasonable in the circumstances of the case having regard to the number of hours worked and the earnings paid for comparable employment in the area.

C1113

F387Subject to paragraph (13A), where–

a

a claimant performs a service for another person; and

b

that person makes no payment of earnings or pays less than that paid for a comparable employment in the area,

F337the Secretary of State shall treat the claimant as possessing such earnings (if any) as is reasonable for that employment unless the claimant satisfies him that the means of that person are insufficient for him to pay or to pay more for the service; F388...

F38513A

Paragraph (13) shall not apply–

a

to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the Secretary of State is satisfied in any of those cases that it is reasonable for him to provide those services free of charge;

b

in a case where the service is performed in connection with–

i

the claimant’s participation in an employment or training programme in accordance with regulation 19(1)(q)F594, other than where the service is performed in connection with the claimant’s participation in the Intensive Activity Period for 50 plus or in the Intensive Activity Period specified in regulation 75(1)(a)(iv); or

ii

the claimant’s or the claimant’s partner’s participation in an employment or training programme as defined in regulation 19(3) for which a training allowance is not payable or, where such an allowance is payable, it is payable for the sole purpose of reimbursement of travelling or meal expenses to the person participating in that programme.

14

Where a claimant is treated as possessing any income under any of paragraphs (1) to (11) the foregoing provisions of this Part shall apply for the purposes of calculating the amount of that income as if a payment had actually been made and as if it were actual income which he does possess.

15

Where a claimant is treated as possessing any earnings under paragraphs (12) or (13) the foregoing provisions of this Part shall apply for the purposes of calculating the amount of those earnings as if a payment had actually been made and as if they were actual earnings which he does possess, except that paragraph (4) of regulation 99 (calculation of net earnings of employed earners) shall not apply and his net earnings shall be calculated by taking into account the earnings which he is treated as possessing, less—

a

an amount in respect of income tax equivalent to an amount calculated by applying to those earnings the lower rate or, as the case may be, the lower rate and the basic rate of tax in the year of assessment less only the personal relief to which the claimant is entitled under sections 257(1), 257A(1) and 259 of the Income and Corporation Taxes Act 1988 F83 (personal reliefs) as is appropriate to his circumstances; but, if the period over which those earnings are to be taken into account is less than a year, the earnings to which the lower rate of tax is to be applied and the amount of the personal relief deductible under this paragraph shall be calculated on a pro rata basis;

b

where the weekly amount of those earnings equals or exceeds the lower earnings limit, an amount representing primary Class 1 contributions under the Benefits Act, calculated by applying to those earnings the initial and main primary percentages in accordance with section 8(1)(a) and (b) of that Act; and

c

one-half of any sum payable by the claimant in respect of a pay period by way of a contribution towards an occupational or personal pension scheme.

16

In this regulation–

“ordinary clothing or footwear" means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities;

“pension fund holder" means with respect to a personal pension scheme the trustees, managers or scheme administrators, as the case may be, of the scheme concerned;

“resources" has the same meaning as in section 181 of the Pension Schemes Act 1993F84.

Modifications in respect of children and young persons106

F7511

~~Any capital of a child or young person payable by instalments which are outstanding on the first day in respect of which an income-based jobseeker’s allowance is payable or, in the case of a~~ ~~F341suppression, the date of that~~ ~~F341suppression, shall, if the aggregate of the instalments outstanding and the amount of that child or young person’s other capital calculated in accordance with Chapter~~ VI ~~of this Part in like manner as for the claimant would exceed £3,000, be treated as income.~~

2

~~In the case of a child or young person who is residing at an educational establishment at which he is receiving relevant education—~~

a

any payment made to the educational establishment, in respect of that child’s or young person’s maintenance, by or on behalf of a person who is not a member of the family or by a member of the family out of funds contributed for that purpose by a person who is not a member of the family, shall be treated as income of that child or young person but it shall only be taken into account over periods during which that child or young person is present at that educational establishment; and

b

if a payment has been so made, for any period in a benefit week in term-time during which that child or young person returns home, he shall be treated as possessing an amount of income in that week calculated by multiplying the amount of ~~F595personal allowance, any disabled child premium and any enhanced disability premium~~ applicable in respect of that child or young person by the number equal to the number of days in that week in which he was present at his educational establishment and dividing the product by seven; but this sub-paragraph shall not apply where the educational establishment is provided under section 8 of the Education Act 1944 F85 ~~(duty of local authority to secure primary and secondary schools) by a local education authority or where the payment is made under section 49 or 50 of the Education (Scotland) Act 1980~~ F86 ~~(power of education authority to assist persons).~~

3

~~Where a child or young person–~~

a

~~is resident at an educational establishment and he is wholly or partly maintained at that establishment by a local education authority under section 8 of the Education Act 1944; or~~

b

is maintained at an educational establishment under section 49 or 50 of the Education (Scotland) Act 1980, he shall for each day he is present at that establishment be treated as possessing an amount of income equal to the sum obtained by dividing the amount of ~~F595personal allowance, any disabled child premium and any enhanced disability premium~~ ~~applicable in respect of him by seven.~~

4

~~Where the income of a child or young person who is a member of the claimant’s family calculated in accordance with Chapters I to V of this Part exceeds the amount of the~~ ~~F595personal allowance, any disabled child premium and any enhanced disability premium~~ ~~applicable in respect of that child or young person, the excess shall not be treated as the income of the claimant.~~

5

~~Where the capital of a child or young person if calculated in accordance with Chapter~~ VI ~~of this Part in like manner as for the claimant, except as provided in paragraph (1), would exceed £3,000, any income of that child or young person shall not be treated as the income of the claimant.~~

6

In calculating the net earnings or net profit of a child or young person there shall be disregarded (in addition to any sum which falls to be disregarded under paragraphs 14 to 16), any sum specified in paragraphs 17 and 18 of Schedule 6 (earnings to be disregarded).

7

Any income of a child or young person which is to be disregarded under Schedule 7 (income other than earnings to be disregarded) shall be disregarded in such manner as to produce the result most favourable to the claimant.

8

Where a child or young person is treated as possessing any income under paragraphs (2) or (3) the foregoing provisions of this Part shall apply for the purposes of calculating that income as if a payment had actually been made and as if it were actual income which he does possess.

9

For the purposes of this regulation, a child or young person shall not be treated as present at his educational establishment on any day if on that day he spends the night with the claimant or a member of his household.

Chapter VI Capital

Capital limitF911107

For the purposes of section 13(1) and (2A) (no entitlement to an income-based jobseeker's allowance if capital exceeds a prescribed amount), the prescribed amount is £16,000.

Calculation of capital108

1

Subject to paragraph (2), the capital of a claimant to be taken into account shall be the whole of his capital calculated in accordance with this Part and any income treated as capital under regulation 110.

2

There shall be disregarded from the calculation of a claimant’s capital under paragraph (1) any capital, where applicable, specified in Schedule 8.

Disregard of capital of child or young person109

~~F752The capital of a child or young person who is a member of the claimant’s family shall not be treated as capital of the claimant.~~

Income treated as capital110

1

3

F304Any payment of capital, other than a payment of capital specified in paragraph (3A) made—

a

to a third party in respect of a single claimant or ~~F756in respect of a member of the family~~F756his partner shall be treated—

F368ia

in a case where that payment is a payment of an occupational pension F896, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund, as possessed by that single claimant or, as the case may be, by ~~F757that member~~F757the claimant’s partner;

i

in a case where that payment is derived from a payment of any benefit under the Act or under the Benefits Act, F814a payment from the Armed Forces and Reserve Forces Compensation Scheme, a war disablement pension or war widow’s pension F639or war widower’s pension, as possessed by that single claimant, if it would normally be paid to him, or as possessed ~~F755by that member of the family, if it would normally be paid to that member~~F755by his partner, if it would normally be paid to his partner;

ii

in any other case, as possessed by that single claimant ~~F758or by that member of the family~~F758or his partner to the extent that it is used for the food, ordinary clothing or footwear, household fuel, rent for which housing benefit F640is payable or any housing costs to the extent that they are met under regulation 83(f)F552, 84(1)(g), 86A(d) or 86B(e)F641..., of that single claimant or, as the case may be, ~~F758of any member of the family~~F758of his partner, or is used for any council tax or water charges for which that claimant or ~~F758member is liable~~F758partner is liable;

b

F759to a single claimant or a member of the family in respect of a third party (but not in respect of another member of the family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or by or on behalf of any member of the family.

F759to a single claimant or his partner in respect of a third party (but not in respect of another member of his family) shall be treated as possessed by that single claimant or, as the case may be, his partner, to the extend that it is kept or used by him or used by or on behalf of his partner.

C13F3033A

Paragraph (3) shall not apply in respect of a payment of capital made—

a

under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen TrustF804, the Independent Living Funds F866, the Skipton Fund or the London Bombings Relief Charitable Fund; or

b

pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation—

i

in an employment programme specified in regulation 75(1)(a)(ii);

ii

in a training scheme specified in regulation 75(1)(b)(ii); or

F596iia

in the Intensive Activity Period for 50 plus or in the Intensive Activity Period specified in regulation 75(1)(a)(iv); or

iii

in a qualifying course within the meaning specified in regulation 17A(7).

F369c

under an occupational pension scheme F897, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund where—

i

ii

the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and

iii

the person referred to in (i) and ~~F760any member of his family~~F760his partner (if any) does not possess, or is not treated as possessing, any other income apart from that payment.

4

Where a claimant stands in relation to a company in a position analogous to that of a sole owner or a partner in the business of that company, he shall be treated as if he were such sole owner or partner and in such a case—

a

the value of his holding in that company shall, notwithstanding regulation 108 (calculation of capital), be disregarded; and

b

he shall, subject to paragraph (5), be treated as possessing an amount of capital equal to the value or, as the case may be, his share of the value of the capital of that company and the foregoing provisions of this Chapter shall apply for the purposes of calculating that amount as if it were actual capital which he does possess.

5

For so long as the claimant undertakes activities in the course of the business of the company, the amount which he is treated as possessing under paragraph (4) shall be disregarded.

6

Where a claimant is treated as possessing any capital under any of paragraphs (1) to (4) the foregoing provisions of this Chapter shall apply for the purposes of calculating the amount of that capital as if it were actual capital which he does possess.

7

For the avoidance of doubt a claimant is to be treated as possessing capital under paragraph (1) only if the capital of which he has deprived himself is actual capital.

8

In paragraph (3) the expression “ordinary clothing or footwear" means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.

Diminishing notional capital rule114

1

Where a claimant is treated as possessing capital under regulation 113(1) (notional capital), the amount which he is treated as possessing—

a

in the case of a week that is subsequent to–

i

the relevant week in respect of which the conditions set out in paragraph (2) are satisfied, or

ii

a week which follows that relevant week and which satisfies those conditions,

shall be reduced by an amount determined under paragraph (2);

b

in the case of a week in respect of which paragraph (1)(a) does not apply but where—

i

that week is a week subsequent to the relevant week, and

ii

that relevant week is a week in which the condition in paragraph (3) is satisfied,

shall be reduced by an amount determined under paragraph (3).

2

This paragraph applies to a benefit week or part week where the claimant satisfies the conditions that—

a

he is in receipt of a jobseeker’s allowance; and

b

iii

the date on which he last ceased to be in receipt of a jobseeker’s allowance;

whichever last occurred; and

b

the claimant would have been entitled to a jobseeker’s allowance but for regulation 113(1).

6

The amount as re-determined pursuant to paragraph (4) shall not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount shall continue to have effect.

7

For the purposes of this regulation–

a

“part-week" has the same meaning as in regulation 150(3);

b

“relevant week" means the benefit week or part-week in which the capital in question of which the claimant has deprived himself within the meaning of regulation 113(1)—

i

was first taken into account for the purposes of determining his entitlement to a jobseeker’s allowance or income support; or

ii

was taken into account on a subsequent occasion for the purposes of determining or re-determining his entitlement to a jobseeker’s allowance or income support on that subsequent occasion and that determination or re-determination resulted in his beginning to receive, or ceasing to receive, a jobseeker’s allowance or income support;

and where more than one benefit week or part-week is identified by reference to heads (i) and (ii) of this sub-paragraph, the later or latest such benefit week or part-week;

c

“relevant subsequent week" means the benefit week or part-week which includes the day on which the further claim or, if more than one further claim has been made, the last such claim was made.

Capital jointly held115

Except where a claimant possesses capital which is disregarded under regulation 113(4) (notional capital), where a claimant and one or more persons are beneficially entitled in possession to any capital asset, they shall be treated as if each of them were entitled in possession F306to the whole beneficial interest therein in an equal share and the foregoing provisions of this Chapter shall apply for the purposes of calculating the amount of capital which the claimant is treated as possessing as if it were actual capital which the claimant does possess.

Calculation of tariff income from capital116

1

F180Except in a case to which paragraph F912...(1B) applies, where the claimant’s capital calculated in accordance with this Part exceeds F913£6,000 it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of F913£6,000 but not exceeding F914£16,000.

F9151ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1811A

In the case of a claimant to whom paragraph (1B) applies and whose capital calculated in accordance with Chapter VI of Part VIII exceeds £10,000, it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000.

1B

This paragraph applies where the claimant lives permanently in—

F836a

a care home or an independent hospital;

F836b

an Abbeyfield Home;

c

accommodation provided under section 3 of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision of accommodation in camps) where the claimant requires personal care F254by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness and the care is provided in the home.

F837d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1C

For the purpose of paragraph (1B), a claimant shall be treated as living permanently in such homeF838, hospital or accommodation where he is absent—

F642a

from a homeF838, hospital or accommodation referred to in sub-paragraph (a) F839or (b) of paragraph (1B) for a period not exceeding 13 weeks;

b

from accommodation referred to in sub-paragraph (c) of paragraph (1B), but intends, with the agreement of the manager of the accommodation, to return to the accommodation in due course.

2

Notwithstanding F182paragraphs (1)F916... and (1A), where any part of the excess is not a complete £250 that part shall be treated as equivalent to a weekly income of £1.

3

For the purposes of F182paragraphs (1)F916... and (1A), capital includes any income treated as capital under regulations 110 and 124 (income treated as capital and liable relative payments treated as capital).

F8404

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter VII Liable Relatives

Interpretation117

In this Chapter, unless the context otherwise requires—

“claimant" includes a young claimant;
“liable relative" means–
1. a
  a spouseF855, former spouse, civil partner or former civil partner of a claimant or of a member of the claimant’s family;
2. b
  a parent of a young claimant or of a child or young person who is a member of a claimant’s family;
3. c
  a person who has not been adjudged to be the father of a young claimant or of a child or young person who is a member of a claimant’s family, where that person is contributing to the maintenance of that young claimant, child or young person and by reason of that contribution he may reasonably be treated as the father of that young claimant, child or young person;
4. d
  a person liable to maintain another person by virtue of section 78(6)(c) of the Administration Act where the latter is the claimant or a member of the claimant’s family,
and, in this definition, a reference to a child’s, young person’s or young claimant’s parent includes any person in relation to whom the child, young person or young claimant was treated as a child or a member of the family;
“payment" means a periodical payment or any other payment made by or derived from a liable relative including, except in the case of a discretionary trust, any payment which would be so made or derived upon application being made by the claimant but which has not been acquired by him, but only from the date on which it could be expected to be acquired were an application made; but it does not include any payment—
1. a
  arising as a consequence of a disposition of property made in contemplation of, or as a consequence of—
  1. i
    an agreement to separate; or
  2. ii
    any proceedings for judicial separation, divorce or nullity of marriage F856or;
  3. iii
    F857any proceedings for separation, dissolution or nullity in relation to a civil partnership;
2. b
  made after the death of the liable relative;
3. c
  made by way of a gift but not in aggregate or otherwise exceeding £250 in the period of 52 weeks beginning with the date on which the payment, or if there is more than one such payment the first payment, is made; and in the case of a claimant who continues to be in receipt of an income-based jobseeker’s allowance at the end of the period of 52 weeks, this provision shall continue to apply thereafter with the modification than any subsequent period of 52 weeks shall begin with the first day of the benefit week in which the first payment is made after the end of the previous period of 52 weeks;
4. d
  ~~F761to which regulation 106(2) applies (payments in respect of children and young persons who reside at an educational establishment);~~
5. e
  made–
  1. i
    to a third party in respect of the claimant or a member of the claimant’s family; or
  2. ii
    to the claimant or to a member of the claimant’s family in respect of a third party,
  where having regard to the nature of the payment, the terms under which it is made and its amount, it is unreasonable to take it into account;
6. f
  in kind;
7. g
  to or in respect of a child or young person who is to be treated as not being a member of the claimant’s household under regulation 78;
8. h
  which is not a periodical payment, to the extent that any amount of that payment—
  1. i
    has already been taken into account under this Part by virtue of a previous claim or determination; or
  2. ii
    has been recovered under section 74(1) of the Administration Act (prevention of duplication of payments) or is currently being recovered; or
  3. iii
    at the time the determination is made, has been used by the claimant except where he has deprived himself of that amount for the purpose of securing entitlement to a jobseeker’s allowance or increasing the amount of that allowance;
“periodical payment" means–
1. a
  a payment which is made or is due to be made at regular intervals in pursuance of a court order or agreement for maintenance;
2. b
  in a case where the liable relative has established a pattern of making payments at regular intervals, any such payment;
3. c
  any payment not exceeding the amount of jobseeker’s allowance payable had that payment not been made;
4. d
  any payment representing a commutation of payments to which sub-paragraph (a) or (b) of this definition applies whether made in arrears or in advance,
but does not include a payment due to be made before the benefit week in which the claimant first became entitled to an income-based jobseeker’s allowance, which was not so made;
“young claimant" means a person aged 16 or over but under F91720 who makes a claim for a jobseeker’s allowance.

Treatment of liable relative payments118

Subject to regulation 119 and except where regulation 124(1) applies (liable relative payments to be treated as capital) a payment shall—

a

to the extent that it is not a payment of income, be treated as income;

b

be taken into account in accordance with the following provisions of this Chapter.

Disregard of payments treated as not relevant income119

Where the Secretary of State treats any payment as not being relevant income for the purposes of section 74A of the Administration Act F92 (payment of benefit where maintenance payments collected by Secretary of State), that payment shall be disregarded in calculating a claimant’s income.

Period over which periodical payments are to be taken into account120

1

The period over which a periodical payment is to be taken into account shall be–

a

in a case where the payment is made at regular intervals, a period equal to the length of that interval;

b

in a case where the payment is due to be made at regular intervals but is not so made, such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the amount of that payment by the weekly amount of that periodical payment as calculated in accordance with regulation 122(4);

c

in any other case, a period equal to a week.

2

The period under paragraph (1) shall begin on the date on which the payment is treated as paid under regulation 123.

Period over which payments other than periodical payments are to be taken into account121

1

Subject to paragraph (2), the number of weeks over which a payment other than a periodical payment is to be taken into account shall be equal to the number (and any fraction shall be treated as a corresponding fraction of a week) obtained by dividing that payment ~~F778by—~~

a

~~F778where the payment is in respect of the claimant or the claimant and any child or young person who is a member of the claimant’s family, the aggregate~~F778by the aggregate of £2 and the amount of jobseeker’s allowance which would be payable had the payment not been made;

b

F763where the payment is in respect of one, or more than one, child or young person who is a member of the family, the lesser of the amount (or the aggregate of the amounts) prescribed under Schedule 1, in respect of—

i

~~the personal allowance of the claimant and each such child or young person;~~

ii

~~any family~~ F246~~... premium;~~

F597iia

~~any enhanced disability premium in respect of such a child or young person;~~

iii

~~any disabled child premium in respect of such a child; and~~

iv

~~any carer premium but only if that premium is payable because the claimant is in receipt, or is treated as being in receipt, of~~ ~~F699carer’s allowance~~ ~~by reason of the fact that he is caring for such a child or young person who is severely disabled,~~

in any other case, on the first day of the benefit week in which it is due to be paid unless, having regard to the manner in which jobseeker’s allowance is due to be paid in the particular case, it would be more practicable to treat it as paid on the first day of a subsequent benefit week.

2

Subject to paragraph (3), any other payment shall be treated as paid–

a

in the case of a payment which is made before the benefit week in which the claimant first became entitled to an income-based jobseeker’s allowance, on the day in the week in which it is paid which corresponds to the first day of the benefit week;

b

in any other case, on the first day of the benefit week in which it is paid unless, having regard to the manner in which jobseeker’s allowance is due to be paid in the particular case, it would be more practicable to treat it as paid on the first day of a subsequent benefit week.

3

Any other payment paid on a date which falls within the period in respect of which a previous payment is taken into account, not being a periodical payment, is to be treated as paid on the first day following the end of that period.

Liable relative payments to be treated as capital124

1

Subject to paragraph (2), where a liable relative makes a periodical payment concurrently with any other payment, and the weekly amount of the periodical payment as calculated in accordance with regulation 122(1) to (4) (calculation of the weekly amount of a liable relative payment) is equal to or greater than the amount referred to in sub-paragraph (a) of regulation 121(2) (period over which payments other than periodical payments are to be taken into account), less the £2 referred to therein, or sub-paragraph (b) of that regulation, as the case may be, the other payment shall be treated as capital.

2

If, in any case, the liable relative ceases to make periodical payments, the other payment to which paragraph (1) applies shall be taken into account under paragraph (1) of regulation 121 but, notwithstanding paragraph (4) thereof, the period over which the payment is to be taken into account shall begin on the first day of the benefit week following the last one in which a periodical payment was taken into account.

Chapter VIII Child Support

Interpretation125

In this Chapter—

“child support maintenance" means such periodical payments as are referred to in section 3(6) of the Child Support Act 1991 F93F693and shall include any payments made by the Secretary of State in lieu of such payments;
“maintenance F694calculation" has the same meaning as in the Child Support Act 1991 by virtue of section 54 of that Act.

Treatment of child support maintenance126

Subject to regulation 127, all payments of child support maintenance shall to the extent that they are not payments of income be treated as income and shall be taken into account on a weekly basis in accordance with the following provisions of this Chapter.

Disregard of payments treated as not relevant income127

Where the Secretary of State treats any payment of child support maintenance as not being relevant income for the purposes of section 74A of the Administration Act F94 (payment of benefit where maintenance payments collected by Secretary of State), that payment shall be disregarded in calculating a claimant’s income.

Calculation of the weekly amount of child support maintenance128

1

The weekly amount of child support maintenance shall be calculated in accordance with the following provisions of this regulation.

2

Where payments of child support maintenance are made weekly, the weekly amount shall be the amount of that payment.

3

Where payments of child support maintenance are made monthly, the weekly amount shall be determined by multiplying the amount of the payment by 12 and dividing the product by 52.

4

Where payments of child support are made at intervals and those intervals are not a week or a month, the weekly amount shall be determined by dividing that payment by the number equal to the number of weeks (including any part of a week) in that interval.

5

Where a payment is made and that payment represents a commutation of child support maintenance, the weekly amount shall be the weekly amount of the individual child support maintenance payments so commuted as calculated in accordance with paragraphs (2) to (4) as appropriate.

6

Paragraph (2), (3), or, as the case may be, (4) shall apply to any payments made at the intervals specified in that paragraph whether or not—

a

the amount paid is in accordance with the maintenance F695calculation; and

b

the intervals at which the payments are made are in accordance with the intervals specified by the Secretary of State under regulation 4 of the Child Support (Collection and Enforcement) Regulations 1992 F95.

Date on which child support maintenance is to be treated as paid129

1

Subject to paragraph (2), a payment of child support maintenance is to be treated as paid—

a

F211subject to sub-paragraph (aa), in the case of a payment which is due to be made before the benefit week in which the claimant first became entitled to an income-based jobseeker’s allowance, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;

F210aa

in the case of any amount of a payment which represents arrears of maintenance for a week prior to the benefit week in which the claimant first became entitled to an income-based jobseeker’s allowance, on the day of the week in which it became due which corresponds to the first day of the benefit week;

b

in any other case, on the first day of the benefit week in which it is due to be paid or the first day of the first succeeding benefit week in which it is practicable to take it into account.

F2122

Where a payment to which paragraph (1)(b) refers is made to the Secretary of State and then transmitted to the person entitled to receive it, the payment shall be treated as paid on the first day of the benefit week in which it is transmitted or, where it is not practicable to take it into account in that week, the first day of the first succeeding benefit week in which it is practicable to take the payment into account.

Chapter IXF412Students

Annotations:

Amendments (Textual)

F412

Ch. IX, Pt. VIII Title substituted (for specified purposes and with effect in accordance with reg. 1(bi)(bii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 3(3)

Interpretation130

In this Chapter, unless the context otherwise requires—

F607“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September according to whether the course in question begins in the winter, the spring, the summer or the autumn respectively but if students are required to begin attending the course during August or September and to continue attending through the autumn, the academic year of the course shall be considered to begin in the autumn rather than the summer;
F413“access funds" means—
1. a
  grants made under section 7 of the Further and Higher Education Act 1992 and described as “learner support funds" or grants made under section 68 of that Act F608for the purpose of providing funds on a discretionary basis to be paid to students;
1. b
  grants made under sections 73(a) and (c) and 74(1) of the Education (Scotland) Act 1980; F609...
1. c
  grants made under Article 30 of the Education and Libraries (Northern Ireland) Order 1993, or grants, loans or other payments made under Article 5 of the Further Education (Northern Ireland) Order 1997 in each case being grants, or grants, loans or other payments as the case may be, made for the purpose of assisting students in financial difficultiesF660...;
2. d
  F610 discretionary payments, known as “learner support funds”, which are made available to students in further education by institutions out of funds provided by the Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000 F661or;
3. e
  F661Financial Contingency Funds made available by the National Assembly for Wales;
“contribution" means any contribution in respect of the income F276of a student or of any other person which the Secretary of StateF611, the Scottish Ministers or an education authority takes into account in ascertaining the amount of the student’s grant F325or student loan, or any sums, which in determining the amount of a student’s allowance or bursary in Scotland in terms of the Students’ Allowances (Scotland) Regulations 1991F96 or the Education Authority (Bursaries) (Scotland) Regulations 1995F97, the F612Scottish Ministers or education authority takes into account being sums which the F612Scottish Ministers or the education authority consider that the holder of the allowance or bursary, the holder’s parents and the holder’s spouse F858or civil partner can reasonably be expected to contribute towards the holder’s expenses;
“covenant income" means the income payable to a student under a deed of covenant by a person whose income is, or is likely to be, taken into account in assessing the student’s grant or award;
“education authority" means a government department, a local education authority as defined in section 114(1) of the Education Act 1944F98, a local education authority as defined in section 123 of the Local Government (Scotland) Act 1973F99, an education and library board established under article 3 of the Education and Libraries (Northern Ireland) Order 1986F100, any body which is a research council for the purposes of the Science and Technology Act 1965F101 or any analogous government department, authority, board or body, of the Channel Islands, Isle of Man or any other country outside Great Britain;
F414“grant" (except in the definition of “access funds") means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment from access funds F795or any payment to which paragraph 12 of Schedule 7 or paragraph 52 of Schedule 8 applies;
“grant income" means–
1. a
  any income by way of a grant;
2. b
  in the case of a student other than one to whom sub-paragraph (c) refers, any contribution that has been taken into account whether or not it has been paid;
3. c
  in the case of a student who satisfies the additional conditions for a disability premium in paragraph 14 of Schedule 1 (applicable amounts), any contribution which has been taken into account and which has been paid,
and any such contribution which is paid by way of a covenant shall be treated as part of the student’s grant income;
F408...
F659“periods of experience” means periods of work experience which form part of a sandwich course;
“standard maintenance grant" means–
1. a
  except where paragraph (b) or (c) applies, in the case of a student attending F409or undertaking a course of study at the University of London or an establishment within the area comprising the City of London and the Metropolitan Police District, the amount specified for the time being in paragraph 2(2)(a) of Schedule 2 to the Education (Mandatory Awards) Regulations 1995 (“the 1995 regulations") for such a student;
2. b
  except where paragraph (c) applies, in the case of a student residing at his parents’ home, the amount specified in paragraph 3(2) thereof;
3. c
  F613in the case of a student receiving an allowance or bursary under the Education (Scotland) Act 1980, the amount of money specified as the “standard maintenance allowance” for the relevant year appropriate for the student set out in the Student Support in Scotland Guide issued by the Student Awards Agency for Scotland, or its nearest equivalent in the case of a bursary provided by a college of further education or a local education authority and paid under the Further and Higher Education (Scotland) Act 1992;
4. d
  in any other case, the amount specified in paragraph 2(2) of the 1995 regulations other than in sub-paragraph (a) or (b) thereof;
F415...
F326“student loan" means a loan towards a student’s maintenance pursuant to any regulations made under section 22 of the Teaching and Higher Education Act 1998, section 73 of the Education (Scotland) Act 1980 or Article 3 of the Education (Student Support) (Northern Ireland) Order 1998 F614and shall include, in Scotland, a young student’s bursary paid under regulation 4(1)(c) of the Students’ Allowances (Scotland) Regulations 1999;
F615...

Calculation of grant income131

1

The amount of a student’s grant income to be taken into account shall, subject to paragraphs F416(2) and (3), be the whole of his grant income.

2

There shall be disregarded from the amount of a student’s grant income any payment—

a

intended to meet tuition fees or examination fees;

b

intended to meet additional expenditure incurred by a disabled student in respect of his attendance on a course;

c

intended to meet additional expenditure connected with term time residential study away from the student’s educational establishment;

d

on account of the student maintaining a home at a place other than that at which he resides while attending his course but only to the extent that his rent is not met by housing benefit;

e

on account of any other person but only if that person is residing outside the United Kingdom and there is no applicable amount in respect of him;

f

intended to meet the cost of books and equipment F183... F327...

g

intended to meet travel expenses incurred as a result of his attendance on the course.

F773h

intended for the maintenance F792... of a child dependent.

F793i

intended for the child care costs of a child dependant.

F3283

Where a student does not have a student loan and is not treated as possessing such a loan, there shall be excluded from the student’s grant income—

a

the sum of F815£280 in respect of travel costs; and

b

F616the sum of F816£352 towards the costs of books and equipment,

whether or not any such costs are incurred.

F8193A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7693A

There shall also be excluded from a student’s grant income any grant of £510 in respect of expenditure on travel, books and equipment which is payable under regulation 15(8) of the Education (Student Support) Regulations 2002.

4

a

the value of the standard maintenance grant shall be abated by the amount of his grant income less an amount equal to the amount of any sums disregarded under regulation 131(2)(a) to (e); and

b

the amount to be disregarded under paragraph (1)(b) shall be abated by an amount equal to the amount of any sums disregarded under regulation 131(2)(f) and (g) and (3).

Relationship with amounts to be disregarded under Schedule 7134

No part of a student’s covenant income or grant income shall be disregarded under paragraph 15 of Schedule 7 (charitable and voluntary payments) and any other income to which sub-paragraph (1) of that paragraph applies shall be disregarded only to the extent that the amount disregarded under regulation 132(2)(b) (calculation of covenant income where a contribution is assessed) or, as the case may be, 133(1)(c) (covenant income where no grant income or no contribution is assessed) is less than £20.

Other amounts to be disregarded135

1

For the purposes of ascertaining income other than grant income, covenant income, and loans treated as income in accordance with regulation 136, any amounts intended for any expenditure specified in regulation 131(2) (calculation of grant income) necessary as a result of the student’s attendance on the course shall be disregarded but only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under regulation 131(2) and (3), 132(3) F329, 133(1)(a) or (b) and 136(5) (calculation of grant income, covenant income and treatment of student loans).

2

Where a claim is made in respect of any period in the normal summer vacation and any income is payable under a deed of covenant which commences or takes effect after the first day of that vacation, that income shall be disregarded.

Treatment of student loansF419136

1

A student loan shall be treated as income unless it is a hardship loan in which case it shall be disregarded.

1A

F3243

A student shall be treated as possessing a student loan in respect of an academic year where—

a

a student loan has been made to him in respect of that year; or

b

he could acquire such a loan in respect of that year by taking reasonable steps to do so.

4

on or after 1st September or the first day of the course, whichever first occurs, but before receipt of any student loan in respect of that year and that payment is intended for the purpose of bridging the period until receipt of the student loan; or

b

before the first day of the course to a person in anticipation of that person becoming a student;

that payment shall be disregarded as income.

Disregard of contribution137

Where the claimant or his partner is a student and, for the purposes of assessing a contribution to the student’s grant F330or student loan, the other partner’s income has been taken into account, an amount equal to that contribution shall be disregarded for the purposes of assessing that other partner’s income.

F271Further disregard of student’s income137A

Where any part of a student’s income has already been taken into account for the purposes of assessing his entitlement to a grant F320or student loan, the amount taken into account shall be disregarded in assessing that student’s income.

iii

but in respect of whom (i), (ii) or, as the case may be, (iii) above had not applied for a period of three years or less as at the date on which he complies with the requirements of regulation 143; and

iv

as at the date on which he complies with the requirements of regulation 143, is under the age of 21.

2

Except in a case to which paragraph (3) F269or (4A)F184... applies F554or where the person in hardship is a member of a joint-claim couple and regulation 3E does not apply a “person in hardship" means for the purposes of regulation 142, a claimant where F344the Secretary of State is satisfied that he or his partner will suffer hardship unless a jobseeker’s allowance is paid to him.

3

In paragraphs (1) and (2) a “person in hardship" does not include a claimant who is entitled, or whose partner is entitled, to income support or F186a claimant or a partner of a claimant who falls within a category of persons prescribed for the purpose of section 124(1)(e) of the Benefits Act.

4

Paragraph (1)(h) shall not apply in a case where the person being cared for resides in a F841care home, an Abbeyfield Home or an independent hospital.

F2684A

In paragraph (2), a “person in hardship" does not include a claimant to whom section 19(5)(b) or (c) applies by virtue of any act or omission relating to F598one of the New Deal options or to the Intensive Activity Period specified in regulation 75(1)(a) (iv).

5

b

on the day following the expiry of the period referred to in paragraph (1), he is not a person in hardship for the purposes of regulation 142.

F3794

In this regulation, “New Deal decision” means a decision that section 19(5)(b) or (c) applies by virtue of an act or omission relating to one of the New Deal options F600or to the Intensive Activity Period specified in regulation 75(1)(a)(iv).

Circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship141

1

This regulation applies to persons in hardship within the meaning of regulation 140(1), and is subject to the provisions of regulations 143 and 144.

2

Subject to paragraph (3) a person in hardshipF190, other than a person to whom regulation 46(1) (waiting days) applies, shall be treated as entitled to an income-based jobseeker’s allowance for the period beginning with the F3148th day of the jobseeking period or, if later, from the day he first becomes a person in hardship and ending on the day before the claim is determined where F213the sole reason for the delay in determining the claim is that a question arises as to whether the claimant satisfies any of the conditions of entitlement specified in section 1(2)(a) to (c) F214provided he satisfies the conditions of entitlement specified in paragraph (d)(ii) of subsection (2) of section 1.

3

A person in hardship to whom paragraph (2) applies may be treated as entitled to an income-based jobseeker’s allowance for a period after the date F191... referred to in that paragraph F192which is applicable in his case but before the date the statement mentioned in regulation 143(1) is furnished where F345the Secretary of State is satisfied that the claimant suffered hardship because of a lack of resources during that period.

4

A person in hardship, except where the person has been treated as not available for employment in accordance with regulations under section 6(4) of the Act shall, subject to the conditions specified in regulation 143 (conditions for hardship payments), be entitled to an income-based jobseeker’s allowance without satisfying the requirements of section 1(2)(a) to (c) of the Act provided he satisfies the other conditions of entitlement to that benefit.

5

An income-based jobseeker’s allowance shall be payable to a person in hardship even though payment to him of a jobseeker’s allowance has been suspended in accordance with F346regulation 16 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 on the ground that a doubt has arisen as to whether he satisfies the requirements of section 1(2)(a) to (c), but the allowance shall be payable only if and for so long as the claimant satisfies the other conditions of entitlement to an income based jobseeker’s allowance.

6

An income-based jobseeker’s allowance shall be payable to a person in hardship even though section 19 (circumstances in which a jobseeker’s allowance is not payable) prevents payment of a jobseeker’s allowance to him but the allowance shall be payable only if and for so long as he satisfies the conditions of entitlement to an income-based jobseeker’s allowance.

Further circumstances in which an income-based jobseeker’s allowance is payable to a person in hardship142

1

This regulation applies to a person in hardship who falls within paragraph (2) but not paragraph (1) of regulation 140 and is subject to the provisions of regulations 143 and 144.

2

A person in hardship shall be treated as entitled to an income-based jobseeker’s allowance for a period commencing on whichever is the later of—

F193a

in a case where regulation 46(1) applies, the 15th day of the jobseeking period; or

F220b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

the day the claimant complies with the requirements of regulation 143,

and ending on the day before the claim is determined where F218the sole reason for the delay in determining the claim is that a question arises as to whether the claimant satisfies any of the conditions of entitlement specified in section 1(2)(a) to (c) F219provided he satisfies the conditions of entitlement specified in paragraph (d)(ii) of subsection (2) of section 1.

3

An income-based jobseeker’s allowance shall be payable subject to paragraph (4) to a person in hardship even though payment to him of a jobseeker’s allowance has been suspended in accordance with regulations made by virtue of F347section 21 of the Social Security Act 1998 (suspension of benefit) on the ground that a doubt has arisen as to whether he satisfies the requirements of section 1(2)(a) to (c) but the allowance shall be payable only if and for so long as the claimant satisfies the other conditions of entitlement to an income-based jobseeker’s allowance.

4

An income-based jobseeker’s allowance shall not be payable in respect of the first 14 days of the period of suspension.

5

a

shall not be payable under this paragraph in respect of the first 14 days of the period to which section 19 applies; and

b

shall be payable thereafter only where the conditions of entitlement to an income-based jobseeker’s allowance are satisfied.

Conditions for hardship payments143

Amendments (Textual)

F443

Pt. 9A inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), regs. 1(1), 2(3)

section 3A(1)(e)(ii) (member of joint-claim couple under the age of 18) applies to either member of the couple and the Secretary of State is satisfied that unless a joint-claim jobseeker’s allowance is paid, the couple will suffer hardship;

h

one or both members of the couple is a person—

i

who, pursuant to the Children Act 1989, was being looked after by a local authority;

ii

with whom the local authority had a duty, pursuant to that Act, to take reasonable steps to keep in touch; or

iii

who, pursuant to that Act, qualified for advice or assistance from a local authority,

but in respect of whom head (i), (ii) or, as the case may be, (iii) above had not applied for a period of three years or less as at the date on which the requirements of regulation 146F are complied with; and

iv

as at the date on which the requirements of regulation 146F are complied with, that member is, or both of those members are, under the age of 21.

2

Except in a case to which paragraph (3), (4) or (5) applies, a “couple in hardship” means for the purposes of regulation 146D, a joint-claim couple where the Secretary of State is satisfied, after taking account of the factors set out in paragraph (6) in so far as they are appropriate to the particular circumstances of the case, that the couple will suffer hardship unless a joint-claim jobseeker’s allowance is paid.

3

In paragraph (1) and (2), a “couple in hardship” does not include a couple one of whose members is entitled to income support or who falls within a category of persons prescribed for the purposes of section 124(1)(e) of the Benefits Act.

4

Paragraph (1)(e) shall not apply in a case where the person being cared for resides in a F842care home, an Abbeyfield Home or an independent hospital.

5

In paragraph (2), a “couple in hardship” does not include a joint-claim couple where section 20A(2)(b) or (c) applies to either or both members by virtue of any act or omission relating to a New Deal option F601or to the Intensive Activity Period specified in regulation 75(1)(a)(iv).

6

b

on the day following the expiration of the period referred to in paragraph (1), they are not a couple in hardship for the purposes of regulation 146D.

4

In this regulation, “New Deal decision” means a decision that section 20A(2)(b) or (c) applies to a member of a joint-claim couple by virtue of an act or omission relating to one of the New Deal options F603or to the Intensive Activity Period specified in regulation 75(1)(a)(iv).

Circumstances in which a joint-claim jobseeker’s allowance is payable where a joint-claim couple is a couple in hardship146C

1

This regulation applies where a joint-claim couple is a couple in hardship within the meaning of regulation 146A(1) and is subject to the provisions of regulations 146E and 146F.

2

Subject to paragraph (3), a couple in hardship referred to in paragraph (1), other than a couple in hardship where either or both members are persons to whom regulation 46(1) (waiting days) applies, shall be treated as entitled to a joint-claim jobseeker’s allowance for the period—

a

beginning with the fourth day of the jobseeking period or, if later, from the day the couple first becomes a couple in hardship; and

b

ending on the day before the claim is determined,

where the sole reason for the claim being determined on that day and not earlier is that a question arises as to whether either or both members satisfy the conditions of entitlement in section 1(2)(a) to (c) provided the joint-claim couple satisfy the conditions set out in section 1(2B)(c).

3

A couple in hardship to whom paragraph (2) applies may be treated as entitled to a joint-claim jobseeker’s allowance for a period after the date referred to in that paragraph which is applicable in their case but before the date of the statement referred to in regulation 146E(1) is furnished where the Secretary of State is satisfied that that couple suffered hardship because of a lack of resources during that period.

4

A couple in hardship, except where either or both members have been treated as not available for employment in accordance with regulations under section 6(4) shall, subject to the conditions specified in regulation 146E (conditions for hardship payments), be entitled to a joint-claim jobseeker’s allowance without both members satisfying the requirements of section 1(2)(a) to (c) provided the joint-claim couple satisfy the other conditions of entitlement to that benefit.

5

A joint-claim jobseeker’s allowance shall be payable to a joint-claim couple who are a couple in hardship even though payment to the couple of a joint-claim jobseeker’s allowance has been suspended in accordance with regulations made under section 21 of the Social Security Act 1998 on the ground that a doubt has arisen as to whether either joint-claimant satisfies the requirements of section 1(2)(a) to (c), but the allowance shall be payable only if and for so long as—

a

the joint-claim couple satisfy the other conditions of entitlement to a joint-claim jobseeker’s allowance; or

b

one member satisfies those conditions and the other member comes within any paragraph in Schedule A1 (categories of members not required to satisfy conditions in section 1(2B)(b)).

one member satisfies those conditions and the other member comes within any paragraph in Schedule A1 (categories of members not required to satisfy conditions in section 1(2B)(b)).

4

A joint-claim jobseeker’s allowance shall not be payable in respect of the first 14 days of the period of suspension.

5

A joint-claim jobseeker’s allowance shall be payable to a couple in hardship even though section 20A(5)(a) (denial of joint-claim jobseeker’s allowance) prevents payment of a joint-claim jobseeker’s allowance to them or section 20A(5)(b) (reduction of joint-claim jobseeker’s allowance) reduces the amount of a joint-claim jobseeker’s allowance payable to them but the allowance—

a

shall not be payable under this paragraph in respect of the first 14 days of the period to which section 20A applies; and

b

shall be payable thereafter only where the conditions of entitlement to a joint-claim jobseeker’s allowance are satisfied or where one member satisfies those conditions and the other member comes within any paragraph in Schedule A1 (categories of members not required to satisfy conditions in section 1(2B)(b)).

Conditions for hardship payments to a joint-claim couple146E

1

a

this regulation applies; and

b

payments in respect of the benefit suspended fall to be made,

any benefit paid or payable by virtue of regulation 146C(5) or 146D(3) shall be treated as having been paid on account of the suspended benefit and only the balance of the suspended benefit, if any, shall be payable.

PART X URGENT CASES

Urgent cases147

1

In a case to which this regulation applies, a claimant’s weekly applicable amount and his income and capital shall be calculated for the purposes of an income-based jobseeker’s allowance in accordance with the following provisions of this Part.

2

This regulation applies in accordance with the following provisions to–

F395a

a claimant to whom paragraph (2A) applies (persons not excluded from income-based jobseeker’s allowance under section 115 of the Immigration and Asylum Act);

b

a claimant to whom paragraph (6) (certain persons whose income is not readily available to them) applies.

F3942A

This paragraph applies to a person not excluded from entitlement to income-based jobseeker’s allowance under section 115 of the Immigration and Asylum Act by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 except for a person to whom paragraphs 3 and 4 of Part I to the Schedule to those Regulations applies.

F3963

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3964

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3965

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

This paragraph shall only apply to a person who is treated as possessing income by virtue of regulation 105(6) and (7) (notional income) where the income he is treated as possessing is not readily available to him; and—

a

the amount of jobseeker’s allowance payable to him otherwise than under this Part is less than the amount of a jobseeker’s allowance payable to him under this Part; and

b

F349the Secretary of State is satisfied that, unless the provisions of this Part are applied to the claimant, the claimant or his family will suffer hardship.

Applicable amount in urgent cases148

1

For the purposes of calculating any entitlement to an income-based jobseeker’s allowance F555but not a joint-claim jobseeker’s allowance under this Part—

a

except in a case to which sub-paragraph F649... (c) or (d) applies, a claimant’s weekly applicable amount shall be the aggregate of—

C29i

90 per cent. of the amount applicable (reduced where appropriate in accordance with regulation 145 (applicable amount in hardship cases)) in respect of himself or, if he is a member of a couple or of a polygamous marriage, of the amount applicable in respect of both of them under paragraph 1(1), (2) or (3) of Schedule 1 or, as the case may be, the amount applicable in respect of them under regulation 84 (polygamous marriages);

C25ii

F782the amount applicable under paragraph 2 of Schedule 1 in respect of any child or young person who is a member of his family except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;

iii

the amount, if applicable, specified in Part ~~F784II or~~III of Schedule 1 (premiums);

iv

any amounts applicable under regulation 83(f) or, as the case may be, 84(1)(g) (housing costs);

F717v

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

vi

the amount of any protected sum which may be applicable to him in accordance with regulation 87(2);

F650b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F718c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C30d

except where sub-paragraph F649...(c) applies, in the case of a person to whom any paragraph, other than F392paragraph 13A in column (1) of Schedule 5 (special cases) applies, the amount shall be 90 per cent. of the amount applicable in column 2 of that Schedule in respect of the claimant and partner (if any), plus, if applicable—

C26i

F783any amount in respect of a child or young person who is a member of the family except a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;

ii

any premium under Part ~~F785II or~~III of Schedule 1; and

iii

any amounts applicable under regulation 83(f) or, as the case may be, 84(1)(g); and

iv

the amount of the protected sum which may be applicable to him in accordance with regulation 87(2).

F7191A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6472

Where the calculation of a claimant’s applicable amount under this regulation results in a fraction of a penny that fraction shall be treated as a penny.

F444Applicable amount in urgent cases: joint-claim couples148A

1

For the purpose of calculating any entitlement to a joint-claim jobseeker’s allowance under this Part—

a

except in a case to which sub-paragraph F653...(c) or (d) applies, a joint-claim couple’s weekly applicable amount shallF651, subject to paragraph (1A), be the aggregate of—

C34i

90 per cent. of the amount applicable (reduced where appropriate in accordance with regulation 146G (applicable amount in hardship cases for joint-claim couples)) in respect of the couple under paragraph 1(3) of Schedule 1 or, as the case may be, the amount applicable in respect of them under regulation 86B (joint-claim couples: polygamous marriages);

ii

the amount, if applicable, specified in Part IVA of Schedule 1 (premiums);

iii

any amounts applicable under regulation 86A(d) or, as the case may be, 86B(e) (housing costs); and

F720iv

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F652b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F721c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C31d

except where sub-paragraph F653...(c) applies, in the case of a member of a joint-claim couple to whom any paragraph of Schedule 5A (applicable amounts of joint-claim couples in special cases) applies, the amount shall be 90 per cent. of the amount applicable in column (2) of that Schedule in respect of the joint-claim couple plus, if applicable—

i

any premium under Part IVA of Schedule 1;

ii

any amounts applicable under regulation 86A(d) or, as the case may be, 86B(e) (housing costs).

F7221A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Where the calculation of a joint-claim couple’s applicable amount under this regulation results in a fraction of a penny that fraction shall be treated as a penny.

Assessment of income and capital in urgent cases149

1

The claimant’s income shall be calculated in accordance with Part VIII subject to the following modifications—

F274a

any income other than—

i

a payment of income or income in kind made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds; or

ii

income to which paragraph 5, 7 (but only to the extent that a concessionary payment would be due under that paragraph for any non-payment of income support under regulation 70 of these Regulations or of jobseeker’s allowance under regulation 147 of the Jobseeker’s Allowance Regulations 1996 (urgent cases)), 31, 39(2), (3) or (4), 40, 42, 52 or 57 of Schedule 9 (disregard of income other than earnings) applies,

possessed or treated as possessed by him, shall be taken into account in full notwithstanding any provision in that Part disregarding the whole or any part of that income;

b

any income to which regulation 116 (calculation of tariff income from capital) applies shall be disregarded;

c

income treated as capital by virtue of regulation 110(1),(2),(3) and (9) (income treated as capital) shall be taken into account as income;

d

in a case to which paragraph (2)(b) of regulation 147 (urgent cases) applies, any income to which regulation 105(6) and (7) (notional income) applies shall be disregarded.

2

The claimant’s capital calculated in accordance with Part VIII, but including any capital referred to in paragraphs 3 and, to the extent that such assets as are referred to in paragraph 11 F198consist of liquid assets, 11 and, except to the extent that the arrears referred to in paragraph 12 consist of arrears of housing benefit payable under Part VII of the Benefits Act or Part II of the Social Security and Housing Benefits Act 1982 F102F275or any arrears of benefit due under regulation 147 of these Regulations or regulation 70 of the Income Support Regulations (urgent cases), 12, 14(b), 24 and 32 of Schedule 8 (capital to be disregarded) shall be taken into account in full and the amount of a jobseeker’s allowance which would, but for this paragraph be payable under this regulation, shall be payable only to the extent that it exceeds the amount of that capital.

PART XI PART-WEEKS

Amount of a jobseeker’s allowance payable150

1

Subject to the following provisions of this Part, the amount payable by way of an income-based jobseeker’s allowance in respect of part-week shall be calculated by applying the formula—

a

where the claimant has no income–

\frac{N \times A}{7}

; or

b

where the claimant has an income–

(\frac{N \times (A - I)}{7}) - B,

where—

A is the claimant’s weekly applicable amount in the relevant week;

B is the amount of any jobseeker’s allowance, income support, maternity allowance, incapacity benefit or severe disablement allowance payable to any member of the claimant’s family other than the claimant in respect of any day in the part-week;

I is the claimant’s weekly income in the relevant week less B;

N is the number of days in the part-week.

F5561A

In relation to a joint-claim couple jointly claiming a joint-claim jobseeker’s allowance, paragraph (1) shall have effect as if the references to the claimant were references to the joint-claim couple.

1B

Where a joint-claim couple become, or cease to be, a joint-claim couple on any day other than on the first day of a benefit week, the amount payable by way of a joint-claim jobseeker’s allowance in respect of that benefit week shall be calculated by applying the formula in paragraph (1).

2

Subject to the following provisions of this Part, the amount payable by way of a contribution-based jobseeker’s allowance in respect of a part-week shall be calculated by applying the formula—

(\frac{N \times Y}{7}) - Y

where—X is the personal rate determined in accordance with section 4(1);

Y is the amount of any widow’s benefit, F700carer’s allowance , training allowance and any increase in disablement pension payable in accordance with Part I of Schedule 7 to the Benefits Act (Unemployment Supplement) payable in respect of any day in the part-week;

N is the number of days in the part-week.

3

In this Part–

“part-week" means an entitlement to a jobseeker’s allowance in respect of any period of less than a week;

“relevant week" means the period of 7 days determined in accordance with regulation 152.

Amount of a jobseeker’s allowance payable where a person is in a residential care or nursing homeF648151

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relevant week152

1

Where the part-week–

a

is the whole period for which a jobseeker’s allowance is payable or occurs at the beginning of an award, the relevant week is the period of 7 days ending on the last day of that part-week; or

b

occurs at the end of an award, the relevant week is the period of 7 days beginning on the first day of the part week; or

c

occurs because a jobseeker’s allowance is not payable for any period in accordance with section 19 F558or 20A of the Act (circumstances in which a jobseeker’s allowance is not payable), the relevant week is the 7 days ending immediately before the start of the next benefit week to commence for that claimant F559or the joint-claim couple.

2

F560Except in a case to which paragraph (3) applies, where a person has an award of a jobseeker’s allowance and his benefit week changes, for the purpose of calculating the amounts of a jobseeker’s allowance payable for the part-week beginning on the day after his last complete benefit week before the change and ending immediately before the change, the relevant week is the period of 7 days beginning on the day after the last complete benefit week.

F5573

Where a joint-claim couple have an award of a joint-claim jobseeker’s allowance and their benefit week changes, for the purpose of calculating the amounts of a joint-claim jobseeker’s allowance payable for the part-week beginning on the day after their last complete benefit week before the change and ending immediately before the change, the relevant week is the period of 7 days beginning on the day after the last complete benefit week.

Modification in the Calculation of Income153

For the purposes of regulation 150 (amount of jobseeker’s allowance payable for part-weeks) a claimant’s income and, in determining the amount payable by way of an income-based jobseeker’s allowance, the income of any person which the claimant is treated as possessing under section 12(4)F561, regulation 88(4) or 88ZA(3), shall be calculated in accordance with Parts VIII, and, where applicable, IX and X subject to the following changes—

a

any income which is due to be paid in the relevant week shall be treated as paid on the first day of that week;

b

in determining the amount payable by way of an income-based jobseeker’s allowance, any jobseeker’s allowance, income support, maternity allowance, incapacity benefit or severe disablement allowance under the Benefits Act payable in the relevant week but not in respect of any day in the part-week shall be disregarded;

c

in determining the amount payable by way of a contribution-based jobseeker’s allowance, any widow’s benefit, F701carer’s allowance , training allowance or any increase in disablement pension payable in accordance with Part I of Schedule 7 to the Benefits Act (Unemployment Supplement) which is payable in the relevant week but not in respect of any day in the part-week shall be disregarded;

d

where the part-week occurs at the end of the claim, any income or any change in the amount of income of the same kind which is first payable within the relevant week but not on any day in the part-week shall be disregarded;

e

where the part-week occurs immediately after a period in which a person was treated as engaged in remunerative work under regulation 52 (persons treated as engaged in remunerative work) any earnings which are taken into account for the purposes of determining that period shall be disregarded;

f

where only part of the weekly amount of income is taken into account in the relevant week, the balance shall be disregarded.

Reduction in certain cases154

The reduction to be made in accordance with Part IX (Hardship) in respect of an income based jobseeker’s allowance shall be an amount equal to one seventh of the reduction which would be made under that Part for a week multiplied by the number of days in the part-week.

Modification of section 15(2) of the Act155

F5631

In its application to an income-based jobseeker’s allowance F564but not a joint-claim jobseeker’s allowance payable for a part-week, section 15(2)(d) shall have effect subject to the following modification—

d
any payment by way of an income-based jobseeker’s allowance for that period or any part of it which apart from this paragraph would be made to the claimant—
i
shall not be made, if the amount of an income-based jobseeker’s allowance which would be payable for a period of less than a week is equal to or less than the proportion of the prescribed sum appropriate to the number of days in the part-week;
ii
shall be at a rate equal to the difference between the amount which would be payable for a period of less than a week and the prescribed sum where that amount would be more than the prescribed sum.
F5622
In its application to a joint-claim jobseeker’s allowance payable for a part-week, section 15(2)(d) shall have effect subject to the following modification—
d
any payment by way of a joint-claim jobseeker’s allowance for that period or any part of it which apart from this paragraph would be made to the nominated member for the purposes of section 3B—
i
shall not be made, if the amount of joint-claim jobseeker’s allowance which would be payable for less than a week is equal to or less than the proportion of the prescribed sum appropriate to the number of days in the part-week;
ii
shall be at a rate equal to the difference between the amount which would be payable for a period of less than a week and the prescribed sum where that amount would be more than the prescribed sum.

PART XII SPECIAL CATEGORIES SHARE FISHERMEN, PERSONS OUTSIDE GREAT BRITAIN AND MEMBERS OF THE FORCES

Chapter II Persons Outside Great Britain

Amendment of the Social Security Benefit (Persons Abroad) Regulations165

1

Regulation 11 of the Social Security Benefit (Persons Abroad) Regulations 1975 F106 (modification of the Act in relation to employment on the Continental Shelf) shall be amended in accordance with the following provisions of this regulation.

2

After paragraph (1) there shall be inserted the following paragraph–

1A
Where a claimant would be entitled to a contribution-based jobseeker’s allowance but for section 1(2)(i) of the Jobseekers Act 1995 F107 (conditions of entitlement to a jobseeker’s allowance: requirement to be in Great Britain), he shall be entitled to a contribution-based jobseeker’s allowance notwithstanding his absence from Great Britain if—
a
the absence from Great Britain is due to his being or having been in prescribed employment in a designated area; or
b
subject to paragraph (2B), he is, in connection with prescribed employment–
i
in a prescribed area; or
ii
travelling between one prescribed area and another; or
iii
travelling between a designated area and a prescribed area; or
iv
travelling between Norway or a member State (including the United Kingdom) and a prescribed area.

3

In paragraph (2B) for the words “Paragraph (2A)" there shall be substituted the words “ Paragraphs (1A) and (2A) ”.

4

In paragraph (4) after the word “thereunder" there shall be inserted the words “ , and the Jobseekers Act 1995 and regulations made thereunder ”.

Amendment of the Social Security (Mariners’ Benefits) Regulations166

1

The Social Security (Mariners’ Benefits) Regulations 1975 F108 shall be amended in accordance with the following provisions of this regulation.

2

In regulation 2 for the words from “no day" to the end of the regulation there shall be substituted the words “he shall not be F202regarded as available for employment on any day in that period of leave.”.

3

After regulation 4 there shall be inserted the following regulation–

Entitlement to a contribution-based jobseeker’s allowance for persons outside Great Britain4A
1
Subject to paragraph (2), where a claimant would be entitled to a contribution-based jobseeker’s allowance but for section 1(2)(i) of the Jobseekers Act 1995 F109 (conditions of entitlement to a jobseeker’s allowance: requirement to be in Great Britain), he shall be entitled to a contribution-based jobseeker’s allowance notwithstanding his absence from Great Britain if—
a
he is or has been employed as a mariner on board any ship or vessel, or is or has been under contract to travel at his employer’s expense for the purpose of commencing such employment, and
b
while so employed or under contract so to travel, he has been left outside Great Britain, and reports to the appropriate superintendent or consular officer or chief officer of customs not later than 14 days after being so left, or, if it is not reasonably practicable for him to report within 14 days, as soon as is reasonably practicable.
2
Paragraph (1) shall cease to apply to a claimant–
a
on his commencing or resuming employment outside Great Britain; or
b
on his being returned to the place to which regulation 6 of the Merchant Shipping (Repatriation) Regulations 1979 F110 (place for return) requires him to be returned; or
c
where he is required to be returned under regulation 6 of the Merchant Shipping (Repatriation) Regulations 1979 but is not so returned, on the first day on which his return could reasonably have been expected.

4

In regulation 6 for paragraph (1) there shall be substituted the following paragraph—

1
A mariner or share fisherman employed as such on board any ship or vessel shall be treated as available for and actively seeking employment during any period when he is absent from Great Britain if he would be so available or actively seeking employment but for the fact that he is absent from Great Britain.

Modification of contribution conditions for volunteer development workers167

Section 2 (the contribution-based conditions) shall apply with the modifications that after the words “Class 1 contributions" in each place where they appear there shall be inserted the words “ or Class 2 contributions under Case G of Part VIII of the Social Security (Contributions) Regulations 1979 F111 (volunteer development workers) ”.

Chapter III Members of the Forces

Amendment to the Social Security Benefit (Members of the Forces) Regulations168

1

Regulation 3 of the Social Security Benefit (Members of the Forces) Regulations 1975 F112 (unemployment benefit) shall be amended in accordance with the following provisions of this regulation.

2

In paragraph (1) for the words from “shall be disqualified" to the end of the paragraph there shall be substituted the words “ shall be treated for the purposes of section 19 of the Jobseekers Act 1995 F113 (circumstances in which a jobseeker’s allowance is not payable) as though he has lost his employment through misconduct. ”.

3

For paragraph (2) there shall be substituted the following paragraph–

2
Section 19(6)(b) and (d) of the Jobseekers Act 1995 (jobseeker’s allowance not payable where claimant has voluntarily left employment or neglected to avail himself of a reasonable opportunity of employment) shall not apply to a claimant who whilst a serving member of the forces is discharged at his own request.

4

In paragraph (3) for the words “unemployment benefit" there shall be substituted the words “ a jobseeker’s allowance ”.

PART XIII MISCELLANEOUS

Recovery of Maintenance

Recovery orders169

1

Where an award of income-based jobseeker’s allowance has been made to a person (“the claimant"), the Secretary of State may apply to the court for a recovery order against the claimant’s spouse F863or civil partner (“the liable person").

2

On making a recovery order the court may order the liable person to pay such amount at such intervals as it considers appropriate, having regard to all the circumstances of the liable person and in particular his income.

3

Except in Scotland, a recovery order shall be treated for all purposes as if it were a maintenance order within the meaning of section 150(1) of the Magistrates Courts Act 1980 F114.

4

Where a recovery order requires the liable person to make payments to the Secretary of State, the Secretary of State may, by giving notice in writing to the court which made the order, the liable person, and the claimant, transfer to the claimant the right to receive payments under the order and to exercise the relevant rights in relation to the order.

5

In this regulation–

the expressions “the court" and “recovery order" have the same meanings as in section 23 of the Act; and

“the relevant rights" means, in relation to a recovery order, the right to bring any proceedings, take any steps or do any other thing under or in relation to the order.

Training Allowance

Persons in receipt of a training allowance170

F6231

A person who is not receiving training falling within paragraph (2) F918and is not a qualifying young person or child within the meaning of section 142 of the Benefits Act (child and qualifying young person) may be entitled to an income-based jobseeker’s allowance without—

a

being available for employment;

b

having entered into a jobseeker’s agreement; or

c

actively seeking employment,

if he is in receipt of a training allowance or if he would be in receipt of a training allowance if the Social Security (Breach of Community Order) Regulations 2001 did not prevent the payment of a training allowance to him.

2

Training falls within this paragraph if it is training for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible, F570secured by the Learning and Skills Council for England or by the F876National Assembly for Wales and, in Scotland, provided directly or indirectly by a Local Enterprise CompanyF299, or a Chamber of Commerce, Training and Enterprise, under its contractual arrangement with the Secretary of State.

Trade Disputes

Trade disputes: exemptions from section 15 of the Act171

Section 15(2) (trade disputes: effect on other claimants) shall not apply to a claimant during any period where—

a

a member of the claimant’s family is, or would be, prevented by section 14 from being entitled to a jobseeker’s allowance; and

b

that member is–

i

a child or young person; or

ii

F203incapable of work or within the maternity period, and for this purpose “the maternity period" means the period commencing at the beginning of the 6th week before the expected week of confinement and ending at the end of the 7th week after the week in which confinement takes place.

Trade disputes: prescribed sum172

The prescribed sum for the purposes of section 15(2)(d) is F919£31.00.

Signed for the purposes of Parts II, IV and V and regulation 170 of the Regulations on behalf of the Secretary of State for Education and Employment.

Eric ForthMinister of State,Department for Education and Employment

Signed for the purposes of the remainder of the Regulations on behalf of the Secretary of State for Social Security.

Roger EvansParliamentary Under-Secretary of State,Department of Social Security

PART I GENERAL

Citation, commencement and interpretationC6C171

1

2

C163

a

b

c

d

e

f

F207a

i

ii

iii

F119aa

b

a

b

a

b

c

d

a

b

a

F574b

i

ii

c

i

ii

a

b

i

F573ii

aa

bb

iii

aa

bb

a

b

a

b

F410i

ii

c

a

b

a

b

c

a

b

c

d

e

f

a

b

F4033A

a

i

ii

b

3B

a

b

3C

3D

a

i

ii

b

c

3E

a

F658b

F6273F

Citation, commencement and interpretationC6 C171